Image file wrapper is up. The Examiner enters no new grounds of rejection and maintains ALL claims set forth in the RAN in July 2010.
This makes this case very interesting as now we get a 20/20 RAN in July 2010 and now we get a re-confirmation of the 20/20 RAN by the Examiner in August 2012.
With a re-examination so convincing, it now awaits Judge Sara Lioi's decision. Coupled with the CAFC decision and now the Examiner's Answer, is this enough of a ''determination'' for her to lift the stay?
Court decisions previously have maintained that this step in the reexamination would be sufficient in assessing the likelihood of success upon apeal.
These are interesting times ahead for sure in Ohio.
Would a fair and reasonable judge make this call? Weighing the equites of both CTXS and ONE?
The court has stayed the case for 4.5 years + the likeliness of success for CTXS' appeal is not very good. I believe these two factors weigh heavily in favour of the stay being lifted.