Obviously, the examiner can come back with anything, But given the arguments, I am certain that a final OA rejection would be appealed. And the only way the patent owners lose the appeal is if there is a conspiracy at the USPTO. All IMHO

And if the above is an accurate assessment, then one would assume that the examiner might make more points in a re-cert as opppsed to tying up more resources in a losing appeal battle. I don't know how the USPTO decides whether a particular examiner is doing a good job, but final OA rejections that get reversed on appeal surely would not look good in any performance appraisal. Hence, one might assume that examiners try to avoid those situations like the plague. Again IMHO

Opty