39% of the reexamination requests are made by the patent owner to test and argue ex parte on validity and come out with a stronger patent in the end

Well know this much, the 148 review was taken from info supplied from our IDS statement, at least I discern that from what the examiner could or was allowed to write in the public file. In fact, if you called him and asked what was the impetus to this reexam he would more than likely deny any answer to you. That particular information is in some of the attachments that are not viewable on the PTO site.... IMO... it may have to do with the J case that is under wraps right now and still under the watchful eye of Judge Ward.

On the 336 patent the examiner makes it clear, at least to me, that his reasoning is based on what the requestor of the reexam has submitted as information. Both the patent owner (us) and the requestor submitted IDS's but he notes right in the beginning that...

1.No statement of the patent owner has been submitted into the record of any of these proceedings.

2. No amendments by the patent owner have been submitted into the record in any of these proceedings

Those two statements lead me to also believe that we are in the...61% of reexam requests that are inititate dby a challenging party to the patent.