Very well thought out! I agree with most of what you say and would prefer your senario 2 as well however, regarding timing of re-exam filings and given preliminary findings on line 29 of the 584 and your statement at the end of the second senario "This scenario bodes well for the '336 and '148 b.c we clearly won those claim constructions and the language would not be there to allow the examiners to remove any claims from the '336 and/or '148"

This begs the question, after we have "CLEARLY" won the claims construction ruling for 336 and 148, don't you think there is a VERY GOOD possibility that the re-exam of these has in fact already occured with no office action required??

I know how SGE feels, and I concur.....What say you??