<If your scenario is correct, the examiner would be going out of his way to save everyone some time, but would he do that? Is he allowed to do that? Would an examiner be that conscientious?>

Would he be that conscientious? Not sure if that is the correct term. Would he be that thorough? I think yes. One would hope so.

If I was the examiner's boss and found out there is a reexam of a patent that already spent 2 or 3 years being examined and recertified, I'd be wondering if the examiner did a thorough job during those 2/3 years. I do not think he is doing anyone favors other than self-interest.

Is he allowed to do that? I'm sure he can. Otherwise there would be nothing called an examiner's amendment.

All IMHO.

Opty