as of 2/27/08...

He's made his non final action on those two claims(12/21/08), we've met with him(2/12/08) and they have responded in writing(2/26/08)...it's now up to the examiner to either hold fast on his initial ruling of the prior art on those two claims or agree 100% with our arguments, and even may agree partially and have them edited to make the claims applicable to our patent and  not have remaining questions on the prior art question originally submitted by the examiner.