Letter to USPTO from patent attorney.
From page 4
The importance of the "774" patent to patent owner ( as evidenced by the identified litigation ) andthe resulting significance of this reexamination , warrant that patent owner be given a full opportunityto prepare the submissions necessary to fully respond to the extensive and complex allegations of the request adopted into the office action.
Patent owner respectfully submits that the requested one month extension will allow that opportunity.
Importantly , patent owner currently contemplates a benefit in the submission of evidence supporting patentability in the form of at least one declaration under rule 132. The extensive nature of the rejections of the claims and the complex nature of the technical area at issue further complicate the process of determining of the scope of such declaration(s), thereby further supporting the need for additional time.
This may be patent owner's only opportunity to get potentially critical declaratory evidence from an expert witness on the record in this reexamination. As a practical matter , a patent owner has to complete its investigation and submit all of the argument and the evidence supporting patentability in its response to this first office action ; because after this initial response the patent owner may be strictly limited in the additional arguments and evidence it can present , if such can be presented at all.
Schwegman,lundberg &WoessnerP.A.
Houston texas
AI
