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"Consumer Watchdog" gets it wrong, again

By Lawrence B. Ebert, Esq.

A press release states of the WARF patent re-exam: The PTO examiner narrowed WARF's patent after the two groups requested a re-examination of the patent in July 2006. This NEVER happened. WARF altered some of the claims, not the examiner. This misstatement reminds one of John M. Simpson talking about all those American fighter planes in World War I, planes that didn't exist.

The press release mentioned declarations presented in the re-exam: Joining the two consumer groups in the challenge from the beginning was Dr. Jeanne Loring, now director of the Center for Regenerative Medicine at the Scripps Institute. Later in the case Dr. Alan Trounson, then of Australia's Monash University and now president of the California Institute for Regenerative Medicine, Dr. Douglas Melton of Harvard and Dr. Chad Cowan of Harvard filed affidavits supporting the challenge. The press release NEGLECTED to mention that all the declarations were dismissed by the USPTO as being conclusionary. No substance!
The press release neglected to mention that the "prior art" cited by PubPat and FTCR was found not enabled by the USPTO.

The notice appeal concerning US 7,029,913 may be viewed. It does not mention the declarations.

Full post as published by IPBiz on July 19, 2008 (boomark / email).