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Message: Milestone/Others

Milestone/Others

posted on Apr 16, 2008 04:40AM

<Decision Merging Proceedings>

 

I see this exact same wording used elsewhere to represent an internal request to merge two separate proceedings.  But what would it be merged with?  The 749 is only claim 1 which has no relationship and authorization for reexam not yet made.  For sure it isn't the 584. That only leaves the 148. But what is there to gain by merging the two?  The 336 has not yet seen a first office action rejection, while the 148 has seen a first office action rejection and has been responded to.  How/why do you merge two exams that are at very different exam points? Assuming they do merge the 336 with the 148, then IMHO either -

1.  The USPTO will not provide any response on the 148 until the 336 has been finalized.  Seems like that move would delay the 148 unnecessarily for a substantial amount of time. Certainly no benefit to patent owner.  I would imagine it would be strongly argued against by the patent owner.  Not sure how it benefits the USPTO.

2.  The USPTO has no intention of a first office action rejection of the 336 based on what is known from the 148 response.   By merging, they can use the 148 response related to the ring oscillator and avoid any further work on the 336 reexam.  

Do you/anyone see other possibilities here?  TIA  Opty


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