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I found it curious that Maxx Chatsko wrote an article for the Motley Fool endorsing the Citron report both of which reflect absolutely no understanding of the patent process. While there may be numerous reasons the COOL is not deemed as satisfactory investment, the portion of the report and the article purporting to address fraud related to the rejection in the patent office is either pure ignorance or willful effort to depress the stock price. A review of the prosecution history of the case in question (other cases are also pending) reveals that the initial rejection was overcome by the amendment submitted in response to the initial rejection. The Final Action is a procedural reality when the Examiner finds what they regard as a new basis for rejection after an amendment is filed. There are numerous procedural options for the applicant after "final" rejection to continue with the case (including but not limited to appeal). Citron characterization the there is less than a 10 percent chance of success on appeal is both false and irrelevant as appeal it not even the most probably path forward. And the suggestion that the applicant would even be considering appeal at the time of the initial rejection is absurd as the case is not yet ripe for appeal such that filing and appeal would not be possible. Nearly all patents applications of any value are subject to at least one rejection from the patent office. Citron's characterization otherwise appears to be self serving stock manipulation. The Motley Fool's endorsement of that position in the best possible light reflects ignorance.
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