DNAprint Genomics (DNAG)

[worktoplay]

Interesting article Bag8ger...perhaps DNAPrint will simply file a "continuation" as they did with the Pigmentation Patent:

(Sorry, can't post a link, but this is from the most recently published Pigmentation Patent Application)

[0001] This application is a continuation of U.S. application Ser. No. 10/156,995, filed May 28, 2002 which claims the benefit under 35 USC .sctn. 119(e) of U.S. Application Ser. Nos. 60/293,560 filed May 25, 2001, 60/300,187 filed Jun. 21, 2001, 60/310,781 filed Aug. 7, 2001, 60/323,662 filed Sep. 17, 2001, 60/344,418 filed Oct. 26, 2001, 60/334,674 filed Nov. 15, 2001 and 60/346,303 filed Jan. 2, 2002. This disclosure of the prior applications is considered part of and is incorporated by reference in the disclosure of this application.

Of course the relevance to this discussion is :

http://www.stoel.com/showarticle.aspx?Show=1795

Once claims are presented and canceled, an applicant’s only recourse is to pursue them in a continuing application, which must be filed before issue of the patent.

And this:

Before the patent issues, the patent owner should always consider filing a continuing application. As long as the claims are supported by the application as filed, there is almost no limitation on the scope or subject matter of the claims that may be pursued in a continuing application. There are always alternate ways of claiming an invention.

From my cursory look at the ongoing arguments by frog and fraud, you'd get the impression that any rejected claims could never be recovered. It appears to me that a continuing application is a viable way to readdress rejected claims. I'm surprised fraud's "friend" didn't comment on this. Perhaps he will now.

AND, it seems that DNAPrint has already availed themselves of that strategy with regards to the pigmentation patent applications and the ancestry patent, which they list as a continuation-in-part of nearly their entire patent portfolio related to their complex genetics classifiers. Whew, good thing THEIR patent attorneys seem to know what they're doing.

BTW, I noted that the Patent Office has replaced the original examiner for the Ancestry Patent. This appears to have been done very recently.

All JMHO. As always, do your own due diligence and make your own investment decisions.

Later,
W2P