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Re: olddog967 post# 269005

Tuesday, 08/25/2009 9:23:04 AM

Tuesday, August 25, 2009 9:23:04 AM

Post# of 435816
Olldog--Thanks. The reason I had thought about looking at the votes to reverse is that a reversal is a non-routine matter. On many, many matters that come to the Commission for a vote, the issue could be so clear or cut and dry that there would be unanimity. I figured reversing an ALJ, however, would be a "big deal," where there would be tendency for some of the commissioners to, perhaps, support the ALJ so you would get some non-unanimous decisions. If, however, the Commissioners look at like an agency taking a decision on a matter after having had it fully vetted by its technical staff, then there may a goal of reaching unanimity. The reason is that if the ALJ's decision is reviewed on claims construction, then we might anticipate having a full review of his decision by very capable technical patent experts (for good or bad). MO
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