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Message: What's going on here?

What's going on here?

posted on Dec 02, 2009 11:16PM

Over the last day or two, we've had some revelations about what may or may not be going on re: the '336 re-exam. Some really interesting insights from respected posters - who do a great service for all of us here.

As I understand it, on top of all the confusion what with the NIRC and then a new re-exam and no apparent interuption of the PTO publishing a recert in the official Gazette, there's this new confusion about whether the prior art cited in the new re-exam app is prior art that had been examined previously, and totally discounted. Then there's the timing of events that led to this situation, and speculation about where we're at, whether things will basically come undone (stopped) as far as the new re-exam, etc.

So granted, there is reason for a lot of confusion. My first thought was "Gee whiz, does the new examiner recognize that this prior art was already worked?". To that, the impulse was "make sure he knows".

I then concluded that we (PTSC) have people (TPL) working for/with us that should be all over this thing, should have recognized this situation assuming it truly exists, and are in the perfect, most desired seat to do whatever is appropriate to be done as far as coordinating with the PTO/examiner to resolve the situation ASAP if such a thing is possible. Most likely, they've already done their thing and we're way behind the curve.

While a lot of the above is from my personal perspective, I'm sure many here felt the same things. But somewhere here, things IMO have gone a bit haywire. Now we have an argument as to whether one of this clan should contact the examiner. The objective is....? Is there some expectation that the examiner is going to tell a PTSC shareholder his intended next action before issuing a formal OA or whatever? Is he going to tell us some PTO process info, specific to this re-exam, that we don't already know or have a good feel for? I'm just not sure where people are going with this.... Yes, it appears to be a wierdo situation, but what does anyone here think we'd find out in a phone call that would provide any great enlightenment? Sorry, I'm just at a loss....

IMO, if things are as some suspect, and that due to timing issues the new re-exam was initiated for what NOW appears to be no apparent reason, it would seem that things should be resolved rather quickly. If not, we're in for another potentially long wait. But it would seem that there would be some pressure on the PTO to do something soon, what with the recert about to be hammered in stone. But maybe not.

In any case, I don't see where a phone call is going to do us much good. IMO, IF something good is just about to happen, he won't tell us. If not, we'd just get a procedural rehash. And if the whole thing is a PTO foul up (which, if you think about it, and if the prior art has already been looked at and the examiners are in the same GAU, it certainly looks to be), the questions may not be too welcome, regardless of what the questions are.

In conclusion, IMO everyone needs to take a deep breath and cool their jets. Let TPL do their job. Let the examiner do his job without distraction. And recognize that a phone call probably won't cure our blindness.

JMHO, take it or leave it.

SGE

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