"The USPTO has 90 days from that initial request to decide whether they are essentially going to take the case or not. If they “grant” the re-examination request, they will list which claims they intend to re-examine."

And that is what was sent to the 774 requester on 11-5-2010....the requester does not have a firm decision yet.

3 months puts the decision, what ever it might be, past the current Markman issues.

doni