DECISION DENYING
INTER PARTES
REEXAMINATION
|
No substantial new question of patentability is raised by the present request for
inter partes
reexamination for the reasons set forth below. |
The request indicates that the third party requester considers claims 1-2 of the Key patent (Patent # 9,999,999) to be unpatentable over Smith taken with Jones. |
The request further indicates that the requester considers claim 3 of the Key patent to be unpatentable over Smith taken with Jones and when further taken with the Horn publication. |
The claims of the Key patent, for which reexamination is requested, require that an extruder be supported on springs at an angle of 30 degrees to the horizontal, while a specific chlorinated polymer is extruded through a specific extrusion die. |
The Smith patent does not raise a substantial new question of patentability as to the Key claims. Smith's teaching as to the extruder being spring-supported at 30 degrees is a substantial equivalent of the teaching of same by the Dorn patent which was considered in the prosecution of the application which became the Key patent. |
In the request for reexamination, it is argued that Jones teaches the extrusion die. However, Jones was previously used, in the prosecution of the Key application, to teach the extrusion die. Further, there is no argument in the reexamination request that Jones is being applied in a manner different than it was applied in the prosecution of the Key application. |
The Horn publication has been argued to show the connection of the support means to the extruder via bolts, as recited in claim 3 of the Key patent. Although this teaching was not provided in the prosecution of the Key application, the teaching would not be considered to be important to a reasonable examiner in deciding whether or not the Key claims are patentable. |
The references set forth in the request have been considered both alone and in combination.They fail to raise a substantial new question of patentability as to any one of the Key patent claims. |
In view of the above, the request for reexamination is DENIED. |
All correspondence relating to this
inter partes
reexamination proceeding should be directed: |
By Mail to: Mail Stop
Inter Partes
ReexamCentral Reexamination UnitOffice of Patent Legal AdministrationUnited States Patent & Trademark OfficeP.O. Box 1450Alexandria, VA 22313-1450 |
By FAX to: (703) 305-1013Central Reexamination Unit |
By hand: Central Reexamination UnitCrystal Plaza Three-Four, 3D682201 South Clark PlaceArlington, VA 22202 |
Any inquiry concerning this communication or earlier communications from the examiner, or as to the status of this proceeding, should be directed to the Central Reexamination Unit at telephone number (703) 308-9692. |
________/s/___________Kenneth M. SchorPrimary ExaminerTechnology Center 3700 |