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January 15, 2008


Too bad. I wish they had simply adopted and reaffirmed the current unintentional abandonment/late filing practice and made it retroactive to do away with the Aritocrat v. IGT issue.

David- I think you are right to assume that this would give explicit statutory authority to the PTO to consider accepting late filings, such as presented to the court in the Aristocrat v. IGT case. It'll be interesting to see how the Federal Circuit deals with this issue on appeal. Also, the language of the amended section appears to give a lot of room for the Director's discretion concerning each petition/request. Perhaps the threshold showing for these type of petitions will be high (or higher than revival because of unintentional abandonment)? Thanks for the comment.

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