Drmyke - Get ahead of the game. You expected this type of publicity stunt from the EFF. Sure you did. You expected as much from the PP. I know you did.
Get your mind around it and think about this -
Sure there are 78 pages in the agent's non final position. Did you read the EFF's petition? Are you aware of how many pages it takes for the reexamining agent to restate (1) the claims (2) the facts regarding the patent claims (3) provide NEOM's claim position (3) the agent's recommended position of alternative procedures for achieving the same outcome.
In reading the examining agent's position, you are reading a governmental procedural set up of (1) the issue (same as restating the claims) (2)the facts (3)law and/or alternative procedures/the agent's position and conclusion.
The procedure described above is a presentation format set up to achieve a proper fromat defense of NEOM's claims.
All NEOM's attorney has to do is follow the format, providing a clear and concise position and conclusion statement of objections, describing why the agent't conclusions are incorrect. I suspect NEOM's attorney and technical consultants will also provide technical drawings to prove the agent's position of alternative conclusions are incorrect.
The EFF and the PP are seizing the opportunity to gloat some more.
To quote you - The end of the story ----- and someone else - It ain't over until the fat lady sings.
I know this must feel like a downer to most, but NEOM is now where we needed to be 6 months ago. We could not get to this point/place of defending the patents, until now, because NEOM had to follow 6-8 months of governmental procedures in order to bypass the EFF.
Since we did not make a technical response to the EFF (if we had responded to the EFF, then the EFF could respond, then we would have to respond again and this could go on and on with the EFF and we would never get to the point of defending the patents with the examining agent and the Appeals Board).
Think about this - The PTO has to take a stand or an attempt to set up a case in order to give NEOM an opportunity to defend it's case. NEOM has not had an opportunity, based on the PTO's proper procedures which must be followed, both, in required time periods and proper format.
This non final position presented by the PTO agent is the proper format (position and conclusion of the agent), affording NEOM the opportunity to present it's position (supported by all technical drawings, etc.), which NEOM's attorney and technical consultants intend to present a response to, in defence of NEOM's patent claims.
I hope this is clearly understood by you and others. If you do not understand anything else - understand that the PTO is not responsible for defending NEOM's patents. This responsibility rests with the patent holder.
beam11
