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Re: Tommy John Surgery post# 44300

Sunday, 04/26/2015 6:58:45 AM

Sunday, April 26, 2015 6:58:45 AM

Post# of 63559
TJS, do you take the word of the ISA? If so, we aren't getting the patent because they didn't give us Inventive Step/Nonobviousness.

Do you trust the word of that first patent examiner for Panasonic's patent that rejected it? If so then we definitely aren't getting the patent.

See my point? Not sure why I'm getting called a "resident cheerleader" for pointing that the ISA Opinion could be errant and that even if the first USPTO patent examiner rejects our patent application then that isn't final and we can appeal and still win because these USPTO patent examiners aren't all knowing gods, they sometime make wrong decisions, a la Panasonic's patent.

But I'm sure you'll be happy with a patent rejection since, well hey, you have full trust in the ISA and the USPTO.

See my point now?

You want me to be pessimistic? OK, the ISA said the 3D cell isn't different enough from Panasonic's cell to get the patent, so we shouldn't get the patent. Happy?

And yeah, I NEVER said the Panasonic patent term expiration has anything to do with us getting our own patent. I was thinking more along the lines of manufacturers will be scared to manufacture our cell until Panasonic's patent runs out because the whole reason we didn't get inventive step from ISA is because were too similar to Panasonic's, so they could sue us.

Unless you can tell me for a fact that being "novel" protects you from being sued for patent infringement, which it may and I hope it does.

Now my source that says the Panasonic patent doesn't have an extension is the people you trust, the USPTO. The screenshot below is directly from the USPTO PAIR site for the Panasonic patent. It has a built in calculator for patent term extension days. It says 0. Please tell me where I'm wrong instead if just calling me a cheerleader. Thanks.