This is the article that RG referenced in his June 16th letter concerning the PTO reexamination.
This article supports Greeneyes DD on page 5 it states "The ex parte process allows anyone including the panentee, torequest re-examination."
The article also states on page 6 "Challengers, moreover, many incentives not to file a request. Notably, if a reexamination allows a challenge, the patent then has a strengthened presumption of validity, one that bears the imprimatur of the USPTO."
Also on page 6 "If a patent has sufficient "value" to merit the expense of money, time and resources to be challenged and reexamined and if all or some of its claims survive the process, what emerges is apatent of sufficient "quality to merit a USPTO grant of exclusive use."
On page 7 "For contested patents, the outcomes overwhelmingly favored the patent owners, suggesting strong patent claims.
Also on page 7 when patent owners file reexamination requests primarily to test claims and to reinforce claim validity. The USPTO experience in the era FY 1981-2007 was 23% certificates with all claims confirmed. 70 % certificates with claims changes and only 7% certificates with claims cancelled.
In clonclusion page 9 "Ex parte proceedings at the USPTO are an inexpensive, expedited way to determine patent validity without litigation. " It has been used almost 9000 times since 1981 to validate and strengthen patent claims by owners.
"This ex parte reexamination data strongly suggests that the overwhelming majority of patents being issued by the USPTO are able to withstand challenge and reexamination."
All good stuff and I believe RG was trying to push us to this article.
Alll the best,
Steve