Thursday, March 30, 2006

Nonfinal Office Action in re-exam of MercExchange '265 mailed on 24 March 06

A nonfinal Office Action in re-examination 90/006,956 was mailed on March 24, 2006, continuing the string of curious timing coincidences in this case between events in the re-exam and events in litigation. [Oral argument before the Supreme Court was on March 29, 2006]

Claims 1-29 of the '265 patent of MercExchange remain rejected.

Claims 26-29 are still rejected as obvious over Nahan ('111 patent).

The Office Action is 105 pages long, and the discussion of the commercial success of eBay towards the end makes for interesting reading.

There was some discussion of whether or not the '111 patent was considered during the initial prosecution. The USPTO says no. Of course, the interesting part of the re-exam is that the '111 was considered during the litigation.


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