You said:...
"In addition I looked up the process by which this may be litigated - guess what it appears that the district court can actually disagree with the USTPO - hmmmmm - even on the same issues -"...
USPTO is an Aministrative Agency created by the ACT of Congress. As a part of of their structure they have an internal Appellate Process with Administrative Law Judges.
In fact the agent who worked on EDIG patents origianally, as some one pointed out, is now Chief Administrative Law Judge.
Their decisions are entitled to great weight in a Court of Law, but they are not Res Judicata as to the Courts Since MARBURY v. MADISON, 5 U.S. 137, (1803).
On the other hand, decisions issued by the Courts are binding on the ALJ'S operating in USPTO...
Gil...
