Let me be very clear on this point - I was responding to Cassandra not LGJ - he is correct. I may have hit the wrong link to respond...

She is a seriel basher that made tons of money off of EDIG and has NO objectivity. she keeps saying the markamn is "dispositive" and does not even understand that it is a de-novo hearing - meaning it can be appealed period as it is NOT dispositive.

The re-examination I beleive answers the so called "dispositive" markman. further there are cases, (I beleive), that indicate a positive re-emaination impacts a past "markman,"

All of this is IMO only of course....not intended as legal advice and I need ot go back and check it again...I do know the markman is not dispositive per se....

There are alot of exceptions to exceptions in this area of the law which is very complex - LGJ is correct.

I am not sure why these posters like Cassandra are so negative in the face of hope and forward development. Anyone with, (as you say Dishcino), 1/2 a brain should be able to see this....

Makes no sense whatever....