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Re: bag8ger post# 16918

Wednesday, 08/18/2004 1:47:53 PM

Wednesday, August 18, 2004 1:47:53 PM

Post# of 82595
Considering the delay and the obvious rework, it is likely that information they developed in the interim was involved in the final version. It is conceivable that this will impact the option although it will probably take litigation to resolve it.

Additionally, while this may impact the option agreement it may also impact the patent application. If the final version employs techniques not covered in the original application then those techniques will not be covered. Also, those techniques and disclosures listed in the application that turned out to be ineffective (requiring the rework), even if they are granted, will be irrelevant.