just to let you know...as I missed mentioning ...

The patent examiner has recognized DM's consideration's prior to the formal paper work for appeal now in the works...basically his comment was....paraphrase "why did it take so long to identify the considerations of Okamoto?"

Anyway we wait on that front for the formal resolution.

Other details of the Okamoto situation....

here's the link to the Okamoto application.... link

note the following...priority dates from that link...

They published the International filing date 1-30-2004 as a priority date for their US application priority date using a 371 process(?)...which puts it ahead of e.Digitals priority date 9-4-2004 keeping that in mind...

DM's remarks for that consideration.....

"Further, with regard to the Japanese, European, Russian and Korean applications, none of those applications would qualify as prior art as of its filing date under § 102(e)/103 either. M.P.E.P. 2136.03 explains:

35 U.S.C. 102(e) is explicitly limited to certain references "filed in the United States before the invention thereof by the applicant" (emphasis added). Foreign applications' filing dates that are claimed (via 35 U.S.C. 119(a) - (d), (f) or 365(a)) in applications, which have been published as U.S. or WIPO application publications or patented in the U.S., may not be used as 35 U.S.C. 102(e) dates for prior art purposes. This includes international filing dates claimed as foreign priority dates under 35 U.S.C. 365(a).Therefore, the foreign priority date of the reference under 35 U.S.C. 119(a)-(d) (f), and 365(a) cannot be used to antedate the application filing date."

If you have that down....lol

e.Digital legal has also highlighted that the subsequent patent WO/2004/102395 of International filing date 1-30-2004 was published 11-25-2004 putting it past e.Digitals Application filing date of 9-4-2004

amazing, e.Digital beat them out on this last detail by 82 days....

As I review the closeness of dates involved....I get the feeling of funny business going on.

When Okamoto starts its process for the US application, in real time, they are starting May 3, 2005....which is 17 months beyond the 9-4-2004 filing of e.Digital....for this, IMO, they new of e.Digitals process in establishing theirs. They, however, use the filing date of their PCT 1-30-2004.

e.Digitals process involves Okamoto as prior art, however, Okamotos process does not involve e.Digital as prior art because of the date situation they establish.

I may be wrong and you may not fully understand my assumptions...however, I can't help but feel that Okamoto and e.Digital are butting heads.

FWIW while we pass the time.

doni