would think that the defense has SOME say in the reexamination "other" then the initial request based on "supposed prior art" that they submitted..........(from what you just posted.)
When in Fact they do NOT. The re exam is between the inventors and the USPTO.........NOT the 3rd party that requested the re exam.
Just wanted to make sure that you realize you left out that very very important Fact.
GLTA
Deb