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Technology Stocks : Lightwave Logic, Inc.
LWLG 4.845+0.9%Nov 14 9:30 AM EST

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To: rrufff who wrote (982)3/10/2009 10:09:52 AM
From: Fruno3 Recommendations  Read Replies (1) of 1811
 
Again, connecting the dots (accurately, I hope). This was included in a post on the Yahoo board, cited in the non-final rejection of the initial patent application as one reason for rejection: "Existence of working samples: The specification lacks working examples of substituted NLO chromophores of the formula I." Note in the PR the statement "We currently have significant amounts of our Perkinamine class material in process...". They must believe they have overcome this objection.

Reading through this section of the non-final rejection, it refers to the concept of "enablement", or the ability of an independent party skilled in the art to which it pertains to be able make or use the invention. Eight factors are cited. First is that the breadth of the claims includes "...all of the tens of thousands of substituted NLO chromophores of the formula I..". This leads to a discussion of the uncertainty in synthesizing the molecules, level of experimentation involved, whether or not all these molecules have the appropriate properties, etc. So the company has not shown it can produce or use all of the molecules included in the original claims. By selecting one "class" (Perkinamine) that they have produced and are (hopefully) proving has some use, they are meeting the criteria for approval. I don't know if by "class" they mean one specific molecule or a group of molecules.

So this is how the process goes from a non-final rejection to "imminent action", I guess. I wonder if they are preparing new patent applications for their other "classes" of molecules? There is a statement regarding "...consideration of claims to additional species which are written in dependent form.." after an initial generic claim is allowed.
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