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Message: 737

Yes, it is possible for the examiner to change his mind, however, it is unlikely since the response from E.Digital did not bring up anything new that he has not seen before.

Personally I think E.Digital did the right thing by not changing the claim, or by creating a new re-written claim. For any newly written claims you cant sue for infringement on devices created before today, and that would really stink. Plus I can almost guarantee that anybody we sue is going to request a re-exam and Markman on any re-written claims.

Let a new examiner look at it after an appeal.

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