Honestly, if that were the case I would assume the examiner would have discussed this possibility within the face to face meetings...and like I said they converse by phone/email, before that final rejection was mailed...and since there was a final rejection I would say no.

But *&*^%%& I hope I'm wrong

If your supposition is correct then IMO they would have issued an intent to recertify with claims 11-20 and just dropped 1-10..or vice versa....or at least had a non-final rejection with 10 of those claims being dismissed with the other 10 being offered as accepted....IMO that first scenario was what happened..we wanted 1-10 as written and didnt get it and maybe our rewording wasn't sufficient for the examiner to accept.

I really have no faith in the reexam appeal process within the PTO...makes no sense they would overturn one of their own...esp. with him, his boss and at least one or two other, supposedly non-partial, examiners included in the discussion.

If we want to stay out of a long drawn-out appeal within the PTO and most likely at the Fed Appeals Court...(lots of time and LOTS of money) we probably have to give in to the examiners wishes on his "independent' claims...we seem to be fighting that tooth and nail, assumedly becuase it lessesns the strength of our patent..esp. in court.

JMHO