<As I understood the bulk of the discussion here was in regards to the new 336 reexamination. That could be in the 584. The application of the law is applied for any given situation. Without looking I will say the examiner has given the reason why, recited the passage in the code and given the number of the code from which it was recited. >

Yes, we are indeed talking about the latest 336 reexam 90/009457. And yes the examaminer has quoted whatever was necessary in the grant of reexam. But at that point in time there was no reexam cert issued. There was an NIRC, but that is just what it says. An intent. He can't use it until it is official. In the grant he mentions prior art as not being of record in the file. Is that still the case? If not, then does that make a difference? If so, how?

I have been voicing my opinion with respect to those questions and have provided some basis for my opinion. But it is only an opinion.

GLTA, Opty