DATA thanks for the education. I have no idea why that all had not occurred to me earlier on.
I knew if anyone could straighten me out it would be you.
So basically if you could please allude to your answer of "crafting" new responses.
Basically were in the position of;
1- ask for discovery and most likely not be denied should we need it as we can show where it hurt us this time around and then be able to show Virenx ruling? how discovery helped them with emails, payments, information, and if we get denied know to formally request again so as to have that issue to bed,
Though somehow i doubt we will run into many ATVI/BUNGIE issues again
2- More importantly your saying that, they, the PTAB has shown their hand. That we this time around would be able to take the record of what was lost and have those arguments already locked down...
But question, did the PTAB give specific answers to the lost 48 Apprx claims or was a blanket obviousness used for all of them.
I really wish the USPTO had higher standards in general. They put me through hell on my patents. And to know that anyone can come along and just challenge everything later on. It seams so unfair against an IP owner, you spend sleepless nights, thousands of pages of writings and re write, drafting, drawings, trying to encapsulate your IP only to find that another part of the building when they review it can tell you that you wasted money on attorneys, prototyping, designing, marketing, entire parts of your life and then this other part OF THE SAME AGENCY says nah, they were wrong we are right and take it away. The entire idea of IP Prosecution is to show your idea is either like in my case completely new approach or improves upon like others. It is what we pay for, it is what the PATENT offices job is supposed to do, to give you the right, the license to manufacture without others encroaching.
This is in all actuality an imminent domain issue on RP real property.
You buy property, improve it, spend all kinds of money and then then another GOV office says, sorry we need that now for the betterment of others and takes it away.
Q