The date for our patent in the German court was 1989. The U.S patent date for the 336 was 1995 I believe. (just going by memory) Perhaps the dates are significant for pror art issues and obviousness.

Our original patent the 749 (?) which the U.S. examiner made us divide into seven different patents was also 1989. So, even though our 336 patent was not granted until 1995 it was concived in 1989. Could not that argument be used to defeat prior art issues that arose after 1989. What is the prior art that they are currently trying to use to defeat our patent and when was it issued?

German guidelines. Are they simular to ours?

The examiner should always bear in mind that the invention is already part of his/her knowledge when he assesses whether or not the invention was obvious at the date of filing or the date of priority. A retrospective approach would not be appropriate.