Re: You shouldn´t forget...I just can't let this slide....
in response to
by
posted on
Apr 14, 2009 09:49AM
Sometimes it's fun to pick at a post. This one is prime, fertile ground.
You say: "...that the decision of the Federal Patent Court in Germany is NOT a final decision." Well, it is a final decision by the Federal Patent Court in Germany. just how "finale" does it have to be? Until YOU agree? Anyone/everyone?
You say: "And the Federal Court of Justice can revise ALL facts of the case." Revise the facts? LOL
You say: "And I wouldn´t wonder if the Federal Court of Justice would read the reasons for the final rejection by the USPTO and consider applying them for their own decision." First, are you suggesting that the German court would proclaim thet the USPTO is more competent than the German patent system? Second, with this line of thinking, and especially considering the timing of events, wouldn't it be at least as likely (probably more so) that the USPTO would respectfully concede to the opinion of the German patent system - and reverse their opinion(s)?
Since you are so aware, and concerned, about what might happen in Germany (an appeal), please advise when/if an appeal is ever filed with the Federal Court of Justice.
FWIW,
SGE the lurker