on for the new reex 90/009,457 and has purposely tried to make it clear for all to see IMHO.

If you look at the page labelled Page 20 in his determination he quotes MPEP 2242 and has underlined:

"The decision on the second or subsequent request is thus based on the claims in effect at the time of the determination (37 CFR 1.515(a))."

...then below on the same page he has, in his own words, included in bold:

"no substantial new question of patentability is raised in this reexamination proceeding with respect to claims 11-20, since these claims are not in effect in the patent at the time this determination is made."

...then below, the conclusion reads:

"Claims 1-10 are subject to reexamination"

If you look, you'll see that the original reex request is for claims 1-10 (only).

The NIRC states that claims 3-5 and 8 are cancelled and "Newly presented claims patentable" 11-12, 16-17, 19-20 (re-numbered 11-16).

Since 4 claims have been cancelled and claims numbered under 20 have been re-numbered in the NIRC, (which has yet to be published) how could the new examiner state in his official determination that claims 1-10 were subject to reex if claims 3-5 and 8 have been cancelled and there doesn't exist an official record indicating exactly what claim above 12 had what number?

Corrections/comments welcomed.

GLTAL