"Fred, the ball's in your court."
They've had a problem with this patent from the beginning....some of it starting with interference by Henson. This issue is brought up in the USPTO files.
They received their first non-final May 19 2008 on the first application, where they subsequently abandoned that issue. However, prior to that abandonment they started a new application on September 14, 2006 and was published January 11, 2007....IMO, part because of the interference they lost a lot of ground in this mix up.
They got their first collective response to the new app 1-29-2010 (that's 3 years ) which was a non-final.....where at that point they change attorneys for the response to this non final. In June DM made the changes.....and here we are 3 months from then with a "final"
It took 3 years for the examiner to get his references together....when Fred finally got something I figure he was some what excited.
In the mean time the competition watched and acted....Henson got nothing, he abandoned....yet his info was used as part of the prosecution on the examiners part.
The bad luck surrounds us.....lol Will it be always like this.....some things are just beyond Freds or anyone's control.
doni
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