NEW USPTO rules  do not allow them to review applications > 25 claims

On resubmission TPL/Moore et al amended the application and added another 40 or so claims.

Ergo patent office will not review,

 Was this a devious stratgey or a favorable coincedence.  Anyway while the USPTO has reexam on hold TPL files appeal.

If they win on appeal then no reason to add more claims

This is the stuff they write textbooks about it's wonderful intrigue I'm lovin it.