Re: Maybe emtenester can weigh in. Deb/billwilke
in response to
by
posted on
Jul 02, 2008 01:30PM
You may not and probably others too won't agree but I do NOT see that Fujigaya patent as frivilous and easy to overcome as others may. I believe we can and will do it, but it's not just a simple task
Not so much as due to its strength but because we had an examiner lay that whole patent out as being anticipated/obvious to our claims. When dealing with the PTO and the examiners there it seems the best course of action to take is to use as much of the time that they allow you to have to accumulate as much of an evidenciary packet as possible to lay in front of him and his GAU head.....and do it in person. We did that on the first non-final action...to our benefit. Moore wil be a big help obviously
When we are successful in doing this and this nonfinal is overturned then I see this PPS starting to "bubble up" because I think we'll read very shortly that that '811 patent was used by the 336 examiner also...if we we can kill two birds with one stone with a face to face then our patent's strength will be outstanding.
We will stil need to show some quarters of rev's first though to really see the PPS we all would like to see...and add in further M&A and the the ball will start rolling.
We just need to handle this PTO situation first with calm ,intelligent arguments ,in person, and I'd expect that will come near the time the K is due out.
JMO