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Message: IMO the examiner must now take into consideration the re-cert 336 and issue an

<Issue a final OA before they issue an OA. I don't believe that is possible. If fact it is just the opposite. In the first OA they put everything that they can think of into to the pot and then start removing it as the patent hold presents their evidence or defense>

Not sure what you are attempting to say here. Are you arguing that the examiner is going to just disregard the reexam cert?

If so, I suggest you read up on what is required of the examiner, should he persue a rejection using old art post recertification.

GLTA, Opty

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