Well I was hoping I was wrong when I saw that litigation search with no decision and I was hoping for only a non-final action...not a final rejection....but as I posted, I wasn't expecting an "intent to issue reexam certificate" either.

As far as going to an appeal process, that is possible...within the PTO.. and to the Fed. Appeals Court..,.and maybe even farther...

Bad side to that is TIME and MONEY...probably looking at 24 months, at least, if we go to court and with only $7Mm in cash and only $3.5MM left to borrow on.the ARS...and a predicted REVENUE...not...NET EARNINGS of only $6MM on Crossflo for this calendar year...we are now.... cash strapped...... The resumption of any buybacks is out of the question IMO and for that matter if there was ever a time for management and the BOD to TAKE A CUT IN SALARY...now is the time..;.in fact it's past time, IMO.

Possible good side is that even though a final rejection was received, ongoing negotiations with the PTO and our lawyers could still compromise an issuance of a certificate...I've seen that happen once before on the ones I was associated with in thepast...the questions will always be ..what do we have to give up in "bite' to get that done...plus...thjis is NOT a case of prior art...this is a subjective opinion of OBVIOUSNESS by the examainer and his boss for this to be rejected...IMO much harder to sway in our favor...but like I said i've seen it happen before even though it was a prior art issue... see below for an example...(note: file marked lost on 4-1-2005 is AFTER the issuance of the cetificate..IMO it was mistake by the PTO to enter that one item)