Just like I told you a few days ago, here comes the first final rejection. The reexamination procedure is over as far the '419 patent is conserned.
Latest entry in PAIR:
09-10-2008 Mailing of Petition Decision - Denied
It refers to TSRA's petition filed after the 2nd non-final rejection:
I don't have a personal vendetta against TSRA, all I care is making money on it. This time the long side is more interesting.
They may announce it tomorrow or Thursday morning, TSRA always (smartly) releases good news in the mornings.
No, I am not saying that the case won't go to court. That would be the final step in the appeal process and we may end up there. (After this current step, Right to Appeal step, and then Board Appeal)
This is indeed a positive. Someone is telling the reviewer to look again. It is a much better spot to be in with ITC decisions pending. I am very happy to see this news.
My surprise is more about YOUR reaction.
Just to make sure I understand your point: you are saying now that this issue will never get to the appeal courts?
I think it's major because TSRA has never received any favourable decision from the PTO before. Additionally, it's a key patent by any mean.
It's also significantly increases TSRA chances to prevail at ITC in December. It's one of the two patents at issue:
To me this seems what could be the beginning of dramatic change of events in TSRA's favour.
This is another step in the long red tape process that you and I discussed in Sept. I agree that this is positive. I'm surprised that you believe this to be such a dramatic turn of events.
My understanding of this is that the PTO gave it back to the reviewer with instructions to review it again and take TSRA's counter-arguement more seriously.
Based on what I have read from more knowledgeable people on this board, the PTO does not want to send this to the Courts. The red tape continues.........
That was my point in Sept. Meanwhile, going long makes sense because the patent is valid and enforcable.....
Hopefully the reviewer will understand and accept TSRA's arguements and the patent will be finally upheld.
Last entry in PAIR for '419 patent:
09-17-2008 Right of Appeal Notice
Meaning that the reexam process is over and the patent got rejected. Decision is not yet online but will be soon.
You can check it at PAIR:
Control number: 95/000,227
TSRA will issue the PR probably tomorrow, only an idiot stays long knowing that this news is coming. Whatever your cost get out while you can.
I know, my credibility is zero, the judge ruling at the ITC is a rookie, the PTO is slow if not corrupt and at the end TSRA will prevail :))
I hope you will have the guts to appologize on October 21st.