Re: New Pacer- lines drawn in the sand for both parties - who decides
posted on
Nov 04, 2009 04:19PM
The Patent Act provides that “the reissued patent, to the extent its claims are substantially identical with the original patent, shall constitute a continuation thereof and have effect continuously from the date of the original patent.” 35 U.S.C. § 252.
"its claims are substantially identical with the original patent"
Who makes this decision in a case like ours? The presiding Judge or the PTO?