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This situation is an example of why the USPTO is swamped.

It's not a granted patent -- it's an application; in fact, it's been rejected twice. After each rejection, the attorneys have called and spoken with the examiner, then requested a re-examination. The current state is that the agents are awaiting a response to their last request for re-examination (click Image File Wrapper):

http://portal.uspto.gov/external/portal/!ut/p/c5/04_SB8K8xLL...

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