Not Arguing the Toss

When the initial search for the patent application came back, I had surmised that it was largely electronic and based on key words. The search found the two patent applications referred to in the examination. I checked them. I had thought that the moment a human being looked at those patents it would see that there was no conflict. I am making an assumption that a patent examiner for a quantum optics patent would have at least a first or upper second class degree in Physics or something closely related and have a good knowledge of non-linear optics. There are shed loads of quantum related patent applications these days.

So, a while back when I received the initial search, I did not query the key word generated results.

Maybe this was the break in protocol. I do not have to justify my avocado fee to a client. I did not make contact.

In my mind if the examiner has actually pulled the relevant patent applications and read them thoroughly and is still of the opinion that there is conflict, is there any point in me arguing the toss?

Possibly not.

He has to justify his job. If he does not find anything to quibble about then how can he justify his considerable salary?

Over the years there have been many occasions when people have said something which was wrong, or inaccurate or with which I did not agree. In perhaps 90% of these {non-teaching} cases I have said nothing. What is the point of arguing with an adamant person, or a gobshite? I have very little desire to score arguing points. I am not that insecure. My apparel is of average size.

A while back an estate agent valued our house. Their business model is to sell every house in 90 days. So, the initial valuation was on the low side. He made up a nice sales pack and we went to his office. He put a polynomial trend line through five data points. {Oh dear} He was perhaps anticipating a negotiation up from his low value. The wife and I just looked at each other and thought “this geezer has made a bad valuation” and we left his office fairly quickly.

A lot of people try this negotiation game expecting me to argue the toss or help them to do their thinking for them.

There are numerous examples of people trying it on and then ending up on my mental he is a wanker list. There are many examples when people have thought that they were communicating with me effectively and accurately where they have had entirely the wrong end of the stick.

A lot of it comes from the bad assumptions gap.

Something is off and I do not know what…

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