I doubt 95% of anything happens in one fashion at the USPTO...but with 26% getting all their claims upheld and 64% getting them changed then approved ...the chances that all of them..plus another 5%... went through a FINAL REJECTION mode are slim and none IMO.

Non-final rejections would not surprise me as being high ....but Final Rejection status.... is highly doubtful at that rate..esp. for the reasoning used.

Although I've seen final rejection staus issued on aptent and it still be issued a reexam certificate...the bottomline is we have nio reason right now to feel good about anything on that 336 patent till we see the response...probably at the end of the two month response time...and what our stance and/or compromises are to get it through the PTO

From:..Peter Zura's 271 Patent Blog

The latest statistics on Ex Parte Reexamination (through December 2007) have been released by the PTO. As expected, the number of reexamination requests continue to climb:

2002 - 272 filings
2003 - 392 filings
2004 - 441 filings
2005 - 524 filings
2006 - 511 filings
2007 - 643 filings
2008 - 165 filings

The success rate for requestors has not changed, and continues to favor requestors. Overall, all claims are confirmed in 26% of reexams, claims are changed in 64% of reexams, and 10% of reexams result in all claims being cancelled.

Average pendency of an ex parte reexamination is 2 years, and median pendency is just over a year-and-a-half (18.6 months).

Read/download PTO Ex Parte Reexamination statistics here (link)