Digital BW, The Print

The bad news is that the president went ahead and signed off on the 
ITC decision despite this contrary PTO ruling.  The PTO ruling, 
however, appears to be in line with the latest Supreme Court decision 
(KSR), whereas the ITC arguably applied the wrong standard for 
obviousness.  So, there'll be appeals. This will probably drag on for 
a while, and in the meantime, I'm sure the vendors wonder just what 
they can or cannot do.

Paul
www.PaulRoark.com 


--- In DigitalBlackandWhiteThePrint@yahoogroups.com, Peter De Smidt 
<pdesmidt@...> wrote:
>
> This sounds like good news:
> 
> >
> >             December 20, 2007
> >
> > *NINESTAR PRESS RELEASE:* ZHUHAI, China — Recently, the United 
States 
> > Patent and Trademark Office has issued an office action, which 
rejects 
> > Seiko Epson's two patents, including claims 1-6, 8-14 and 16-22 
of U.S 
> > Patent No.6,502,917( the "917" patent) , and claims 
> > 1-8,15-17,19-23,26-30,33 and 37-39 of U.S. Patent No. 7,008,053
(the" 
> > 053" patent), for the reason that the patents applied some prior 
art 
> > and was lack of novelty and creativity. This rejection by U.S. 
PTO is 
> > in response to Ninestar's request to re-examine the invalidity of 
the 
> > patents <http://www.rechargermag.com/articles/48147/> in 
September 2007.
> >
> > According to Ninestar, this initial rejection of the "917" patent 
and 
> > "053" patent by the U.S.PTO will raise a question of rationality 
of 
> > the order issued by ITC and create favorable conditions for 
Ninestar's 
> > legal cases in the Federal Circuit Court in the future and for 
> > Ninestar to continuously sell its own patented products in the 
U.S. 
> > market.
>