NeoMedia Technologies, Inc (NEOM)

[jonesieatl]

LOL , often true personalizit .. but per the USPTO ...

... when it comes to 'broadening' claims during an ex parte reexamination ... it just ain't happening. They are not "permitted" and they will be "rejected".

"2258 Scope of Ex Parte Reexamination [R-5]

37 CFR 1.552 Scope of reexamination in ex parte reexamination proceedings.

(b) Claims in an ex parte reexamination proceeding will not be permitted to enlarge the scope of the claims of the patent."

http://www.uspto.gov/web/offices/pac/mpep/documents/2200_2258.htm#sect2258

"Such amendments, however, may not enlarge the scope of a claim of the patent or introduce new matter. Amended or new claims which broaden or enlarge the scope of a claim of the patent should be rejected under 35 U.S.C. 305."

http://www.uspto.gov/web/offices/pac/mpep/documents/2200_2250.htm



"Ex Parte Reexamination

In an Ex Parte reexamination, either a challenger or patent holder may seek reexamination of a patent based on patents or printed publications.[2] The requester files the request for reexamination and within three months the PTO determines whether a substantial new question of patentability exists.[3] If so, the PTO orders reexamination of the patent.[4] A determination that there is no substantial new question is final and non-appealable.[5]

If the PTO orders reexamination, the patent holder is given the opportunity to file a statement concerning the new question of patentability, including amendments or new claims they want to propose[6] (provided, however, that the claims may not be broadened).[7] If the patent holder files such a statement, the statement must be served on the person requesting reexamination, and the requester is given two months to file a reply to the patent owner's statement.[8] From that point on, the claims are examined without participation by the requester. Following the Ex Parte reexamination, the PTO issues a certificate canceling any claim determined to be unpatentable, confirming any claim determined to be patentable and incorporating in the patent any new claim or amended claim determined to be patentable.[9]"

NO BROADENING