"APPLICANT WILL AMEND CLAIMS TO INCLUDE LIMITATION THAT WILL EXPRESSLY STATE THAT THE FLASH MEMORY IS THE SOLE MEMORY TO STORE THE RECEIVED PROCESSED SOUND ELECTRICAL SIGNAL. EXAMINER AGREED THAT SUCH ALIMITATION WOULD OVERCOME SCHRODER AND SHE WOULD UPDATE SEARCH ACCORDINGLY."

When can reexamination strengthen a patent?

Given that the patent is likely to emerge from reexamination, the patent that emerges will enjoy a presumption of validity over all the cited art and may include claims that are significantly harder to invalidate during litigation. Furthermore, the patent that emerges from reexamination may be perceived as having “survived” a validity challenge and a court or jury may be reluctant to invalidate the patent during subsequent litigation."