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[LUG] Fwd: [Jmri-legal-announce] JMRI case update

 

Hi

peter here, you know I am involved in this, so I pas it on

Peter



----------  Forwarded Message  ----------

Subject: [Jmri-legal-announce] JMRI case update
Date: Sunday 15 April 2007 05:57
From: Bob Jacobsen <rgj1927@xxxxxxxxxxx>
To: jmri-legal-announce@xxxxxxxxxxxxxxxxxxxxx

A short update on the JMRI legal case. As you may remember, we had
asked the court for a preliminary injunction back in mid-January.
Twelve weeks have passed, and the court hasn't issued a ruling. So
the only news is that there is no news re that ruling.

On another subject, we have been watching Mr. Katzer's activities at
the Patent Office. There were three continuation applications that
were pending. One issued as a patent recently, but should not have.
It has the exact same claims that were in its parent application, and
the exact same patent specification. The only difference was the
5000+ pages of references which Mr. Katzer submitted in response to
our charges of inequitable conduct. However, under 35 U.S.C. 101, Mr.
Katzer was not entitled to get another patent with claims that were
the exact same as the claims of an earlier patent. The examiner
messed up.

The good news is that, after wading through all 5000 pages of another
continuation application, another examiner rejected all claims and
questioned whether anything was patentable in the application. As a
result, Mr. Katzer abandoned that application. While it is possible
to revive an abandoned application, it was great news to see that no
patent issued from that application.

And we thought we would share that news with you all.

Thanks again for your interest and help. We'll keep you updated if
anything happens.

Bob
--
Bob Jacobsen +1-510-486-7355 fax +1-510-643-8497 AIM, Skype JacobsenRG

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