.....we are talking about reex 90/009,457, aren't we?
The only decision made at this point is to go ahead with a reexamination.
Weather we choose to file a statement or not, there will be another office action to respond to.
After our response the examiner may issue another non-final, final or NIRC office action.
Check out the Transaction History for the terminated '336 reex #90/008,237.