grounds for 099 patent extension

An interesting District Court Case between a company called Excelixis and the USPTO has come to my attention. It is interesting because it discusses the grounds for patent extention. If CSIRO/BLT have requested an extension, the 099 patent should be extended by nearly 7 years, giving the company valuable breathing space by taking the patents out to 2025:-

http://www.lexology.com/library/detail.aspx?g=3fdbde4d-db78-4f0b-874e-ef29133621ed

"The law provides patent applicants an adjustment in patent term to compensate for USPTO delays during prosecution. In particular, the patent act, at 35 U.S.C. § 154(b) provides for adjustments to patent term when: (A) the USPTO fails to take action within certain time frames; (B) the USPTO fails to issue a patent within three years from filing; or (C) the application is involved in an interference, secrecy order, or appeal."