No you misunderstand. It is not really a lazy examiner at fault.
It is because they are overworked and do not have the time resources or even access to all of the different sources they would need to correctly run a prior art search on software.
They search everything they have. They compare it to everything they have. Even if an examiner is completely sure that a IS-NOT operator existed previously they will not be able to cite that art because it is not in front of them. The examiners can only use thier own knowledge in the most extreme of circumstances where something is a perfectly known part of the art. (in reality I would say a IS-NOT operator is extreme but who can say that every examiner is brilliant) The other benefit of reexamination is that a completely new patent examiner will examine the patent.
The PTO is properly assessing the patent applications exactly like it does the other applications. The problem as I said was that there is not a wealth of prior art for them to look at. It might be out there on a University Computer Science Department Thesis library but the PTO may not have access to that.
Do you understand what I mean? The "inventor" may know they are trying to get a broader patent than they deserve but they certainly are not going to tell the PTO if they can help it. They have a duty to disclose but underhanded practitioners are not going to disclose unless they are relatively sure they cannot get away with nondisclosure.
I had post this long message for president Bush but it got lost and now I am too tired to write it.
Bush needs to tell his commissioner to get off his ass and pay out the money to have the resources of the patent office Software technology group updated or added to.
Bush won't because the corporations don't want that.
Bush is not the patriot he acts like. He has no clue of what a patriot is. A patriot does not trample on the Constitution he swore to uphold.
The patriots of our history fought hard for our freedom that he is taking away from us. The founders, from the Constitutional Congress to the leaders of the Civil War, to the Heros of the Civil Rights Movement would roll over in thier graves if they knew he was compromising our privacy, detaining people without a trial in prisons not fit for a sewer rat, and trying to amend our constitution on a whim.
Of course you all elected him on his wonderful platform of stripping gays of a right to marry that effects no one but the gays, banning stem cell research that could cure enumerable diseases and save innumerable lives because it supports abortion, and fighting the bad terrorists by taking away the freedoms that you completely take for granted. (this only applies to morons who voted for Bush) By the way, how many of you realize that Cheaney's own daughter is a lesbian.
You will never see the errors of your ways until you try to exercise some freedom that you don't even realize your messiah has taken away and get thrown in jail or fined.
Junior is so busy instating his religion and shoving it down our throats that he is neglecting foreign affairs. Does anyone else understand that the president is not supposed to base his administration on social legislation. He is supposed to be our collective voice. He is supposed to promote peace, goodwill and even better trade relations. Instead he is too busy telling the rest of the world to kiss our collectivve asses.
The rest of the world does not hate us because of our riches and our success. It hates us because of our bigotry, arrogance, and stupidity. Where do they get that impression. Ladies and Gentlemen, I give you the President of the United States Junior. We are becoming the most backward society on earth. We aren't yet. But we will be when we "elect" Junior to be our king. We will then bow before the village idiot. And I will never be able to write something like this.
Oh ya, and that stupid law that sets a cap on medical malpractice. You saps actually believe that huge medical malpractice suits are the problem do you? No, your doctor charges out of the ass for two reasons.
1: He wants

of money.
2: He also has to pay out the ass to his medical malpractice carrier.
Result: doctors !!!! load + carriers !!!! load = More money than I will ever see.
The carriers will not lower thier rates even if the judgments are capped. If you are under the wonderful TX law which caps it at $200,000 or so, a surgeon can pay that out of pocket without blinking. THE POINT OF PUNATIVE DAMAGES WAS TO PUNISH NEGLIGENT DOCTORS AND IN SOME CASES BANKRUPT THEM TO PREVENT THEM FROM MAKING THE SAME MISTAKES. The person whose family member is dead is not greedy. The only way to get justice is to hit the doctor where it hurts. To do that you have to exceed his insurance coverage. That used to be in the millions. If you don't go over that the doctor is not being punished. We are because his insurance carrier will bill him more for coverage which he will translate to us but they will still do that anyway.
Wow, I have issues huh.
That is my advice to the president. KISS MY ASS.