Remember my previous post: “NPT alleging that the USPTO engaged in improper communications with third party in Blackberry case”? In that post I mentioned that the USPTO had deleted “Anderson Declaration” from the file wrapper. The Anderson Declaration allegedly contained copies of internal USPTO emails and other information obtained in a FOIA request.
Well…the USPTO recently explained why the Declaration was deleted:
This is a decision returning improper papers. The papers were filed dated April 24, 2006. The papers are presently before the Special Program Examiner of the Central Reexamination unit. The papers filed contain and make reference to a document identified as a Freedom Of Information Act request. Since these documents are outside the scope of reexamination, there are returned.
For you IFW hounds, the number is 90/006,533.