Re: It is good to see everyone excited again!..cleanser
posted on
Apr 22, 2009 12:07PM
Yes having the recert. on 584 is a definite good thing..but remember...
the 584 recert was almost a guarantee when one reads the response from us back on 2/9/09...we gave up claims 30-54 and added a "limitation" on claim 29 that made the objection of the two prior patents ...Pomerene and Sachs a moot point...
Even the recert. wording that someone posted shows the reasoning for this recert coming out...even though it took 3 mos. to do so...was the letter of response we wrote back to the PTO on 2/9....thus IMO even back then..the recert was a no brainer..the question is did the limitation we added, reduce our bite on the patent claims???????????in fact we even state in our response that we did this to avoid going to "an appeal"...so let's not treat this like a bolt of lightning out of the blue with grand repercusions for PTSC.....
So yes be glad we have that now in our hand...and let's hope the limitation added to claim 29 (which can be read on the IFW file...) didn't lose us any "bite" to the patent....not being a tech guy I'm sure there are others who can comment better than I on the limitations added from our response to the examiner on 2/9/09(bold-facing type on that file)...BTW you will note that the reason behind our recert, as shown by the examiner's posting yesterday, was based on our response on 2/9/09.
I don't want to burst your good time bubble here but IMO when I read the response on 2/9 the recert was a no- brainer and a done deal...but as we can see, even when we agree with the examiner ...no squabble over wording or obviousness, or terminology...it still took 3 mos to get the recert issued...take that a step further...and now see how long the fight we have on 336 is going to take..esp. when it is based on so subjective an opinion as obviousness.
Be glad we're done with 584...it will be official in 90 days when it is posted in the PTO...OFFICIAL GAZETTE...just be prepeared for a longer haul on 336 reexam.