I just discovered that the last 336 reexamination - 90/011168 which was denied back on Oct 12, 2010 was appealed on December 16, 2010. Remember Ammano prior art?

The appeal was only denied on August 12, 2011!!!!!!! Perhaps not visible on IFW until Sept 13th since that is the status date and nothing else happened between Aug 12 and Sept 13th.

Quite possible that some knowing about the appeal may have been quietly exiting a little at a time to keep the pps from an immediate crash. And the longer the appeal went w/o USPTO response the more alarming that situation would have been, making an exit look like the better option. Glad I did not know about it. The added anxiety would have been difficult to handle. Can't tell for sure that this had a significant impact on pps, but certainly would not have helped an already difficult situation.

But in the end it was denied. And perhaps the appeal is an indication that the 336 still has teeth, even with the examiner's amendment of the prior reexam. I was amazed at the level of knowledge included in the denial. It was prepared by someone with a decent understanding of the patent and the prior art. IMO. And perhaps some of those comments contained in the denial will help in the Barco et al trial.

Anyone know who the 3rd party requestor is? Mailing went to Chen Yoshimura LLP, attn Ying Chen, 333 W El Camino Real, Suite 380, Sunnyvalle CA.

Opty