Our hitherto all time favourite examiner Christine Foster is in immediate danger of losing that Status. The recent development in the Exclusion NGAL-patent shows that the USPTO are still reluctant to grant the patent.
In the case of the ratio patent I think the advantage was/is that the patent is indeed defining a measured ratio, whereas in the case of the cut-off patent as well as the exclusion patent, the USPTO the NGAL measurements is just a law of nature…
This is however not a final rejection – but I see this more as a exchange of views – but I think its fair to say that Ms. Foster is not thrilled or convinced 🙂
