The 336 reexam that was granted (90/009457) quotes this regulation
<Sec. 1.565 Concurrent office proceedings which include an ex parte
reexamination proceeding.
(a) In an ex parte reexamination proceeding before the Office, the
patent owner must inform the Office of any prior or concurrent
proceedings in which the patent is or was involved such as
interferences, reissues, ex parte reexaminations, inter partes
reexaminations, or litigation and the results of such proceedings. See
Sec. 1.985 for notification of prior or concurrent proceedings in an
inter partes reexamination proceeding.>
The burden is on the patent owner to insure that the present examiner knows that a reexam certificate has been issued. I would hope this is done by Jan 14th afterwhich the examiner is free to continue the reexamination.
Why would they be waiting to do this? I would think that non-compliance with that reg could be problematic. Other thoughts?
GLTA, Opty