"Of course they aren’t. Neomedia gets to respond to the non final rejection, and if their response is not satisfactory for the USPTO to reverse their decision, then a final rejection action comes. At that point Neomedia gets the opportunity to appeal.
But with all 95 claims rejected at this time, that does not look promising.
I was looking back on statements you and I made in this forum in late May, and my what a surprise how your assumptions were so far off base, and mine at the time were dead on.
But you are right, its not over yet, but Neomedias court battle with Scanbuy, will have to be amended to exclude this patent until there is a final decision. If they intend to go forward with the legal case before this process plays itself out.
That is very significant going forward for Neomedia. I think I also stated Neomedia had an idea what was coming, and thats why they hired a CEO with a focus on selling the company. They still have time to sell before a final decision comes around and the appeal is exhausted next year some time in my opinion. "