TDAmeritradeStinks's Profile
TDAmeritradeStinks's Posts
They grew a backbone!!! Now we can grow a company!!!
I don't care if crossflo falls off the planet. I don't care about litigation, every company in the world is in litigation all the time, all the time. No big deal, its part of the game.
If we don't like the BOD , we'll dump 'em next vote, no big deal.
When the Re-certification comes, all these little nit-picking common problems will fade away. When the big money hits after the Re-certification we will be in charge of everything and soon.
bwdik
This is a false and bogus push down by the use of a measly $6,390 bucks - !!!
Someone/ group has lowered the price artificially hoping to get some suckers to sell - and they have done it with only $6K !!! can you believe it?
and why wouldn't they, if you're dumb enough to sell with the Re-Certification right around the corner, then throw your money to those more crafty than you.
With this second re-cert coming soon, no other challenge will every hold weight again as we head up to and maybe beyond a dollar or two again.
BWDIK
every single time I can remember, just before the stock soared, we had a MM dip and accumulation by those in the know. I have seen it happen over and over for a many years. It would not surprise me one bit if there were some on this board, bashing and quietly accumulation at this time. Why wouldn't they? Who's going to stop them?
I'll bet anyone the re-certification is coming, and I have spent lots of time talking to a head guy at the USPTO some time ago about PTSC's situation. It's going to re-certify.
BWDIK?
716.03 Commercial Success [R-2] - 700 Examination of Applications, other proof
716.03 Commercial Success [R-2] - 700 Examination of Applications
716.03 Commercial Success [R-2]
I. < NEXUS BETWEEN CLAIMED INVENTION AND EVIDENCE OF COMMERCIAL SUCCESS REQUIRED
An applicant who is asserting commercial success to support its contention of nonobviousness bears the burden of proof of establishing a nexus between the claimed invention and evidence of commercial success.
The Federal Circuit has acknowledged that applicant bears the burden of establishing nexus, stating:
In the ex parte process of examining a patent application, however, the PTO lacks the means or resources to gather evidence which supports or refutes the applicant's assertion that the sale constitute commercial success. C.f. Ex parte Remark, 15 USPQ2d 1498, 1503 (Bd. Pat. App. & Int. 1990)(evidentiary routine of shifting burdens in civil proceedings inappropriate in ex parte prosecution proceedings because examiner has no available means for adducing evidence). Consequently, the PTO must rely upon the applicant to provide hard evidence of commercial success.
In re Huang, 100 F.3d 135, 139-40, 40 USPQ2d 1685, 1689 (Fed. Cir. 1996). See also In re GPAC, 57 F.3d 1573, 1580, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995); In re Paulsen, 30 F.3d 1475, 1482, 31 USPQ2d 1671, 1676 (Fed. Cir. 1994) (Evidence of commercial success of articles not covered by the claims subject to the 35 U.S.C. 103 rejection was not probative of nonobviousness).
The term "nexus" designates a factually and legally sufficient connection between the evidence of commercial success and the claimed invention so that the evidence is of probative value in the determination of nonobviousness. Demaco Corp. v. F. Von Langsdorff Licensing Ltd., 851 F.2d 1387, 7 USPQ2d 1222 (Fed. Cir. 1988).
II. < COMMERCIAL SUCCESS ABROAD IS RELEVANT
Commercial success abroad, as well as in the United States, is relevant in resolving the issue of nonobviousness. Lindemann Maschinenfabrik GMBH v. American Hoist & Derrick Co., 730 F.2d 1452, 221 USPQ 481 (Fed. Cir. 1984).
No doubt TPL will provide hard evidence: "the PTO must rely upon the applicant to provide hard evidence of commercial success."
Hi, I am a long time holder of PTSC - one of the idiots that bought tons of it when it was hovering at and over a dollar, but also got some way back when it was a few cents. I spoke with the USPTO years ago and found one gentleman there that was extremely helpful. He indicated to me that the commercial success we have is and by itself enough to win almost anything we may have thrown at us. I posted all of my USPTO conversations herein way back when.
There has to be a simple way to defeat constant challenges from joe blow - what does MS do?
Best of luck,
JB