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Message: Opty---transaction history

Opty---transaction history

posted on Apr 25, 2010 10:18PM

Patent owner's reponse time ended 1/14/09 (60 days after reexam granted 11/14)

On 2/16 I spoke with someone in the patent office and that person said there was nothing in the file to indicate that the patent owner had responded or not. To me it seemed like the file was in limbo. That person said they would call the patent owner to see if they did reply.

On 2/23 a supervisor called me at home to say although reexams are supposed to be expedited, we can only speak to the stats. The stats say a first office action should be expected around 7.6 months (avg.) from filing (8/24/09). Ironically, the file got forwarded to the examiner that very day as indicated in the transaction history.

So we are past the average date of 7.6 months (believe this was updated to 7.8) to first office action. I am still hoping that the first office action is in fact a final office action or NIRC. Unfortunately....7.6 is just an average so there is no way to know for sure when we should expect this office action.

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