NeoMedia Technologies, Inc (NEOM)

[clawmann]

After reading my last post I think two additional pieces of information are required: (1) the examiner is not bound by the presumption of validity when conducting the reexamination, and (2) the "appeal" I referred to must first be taken to the USPTO Board of Patent Appeals and Interferences, and from there to the Court of Appeals for the Federal Circuit. So initially an appeal would have to be filed with and decided by the USPTO's BPAI. A court would only become involved if a further appeal were taken from the USPTO BPAI's decision.