With all due respect, what you are suggesting is a Request for Continued Examination, and it would be the same people dealing with the request.

As you stated:

First, as those with more knowledge on the technical side have pointed out...the examiners stance on the clock issue with synchronous or asynchronous...seesm to be flawed...BUT remember...he is mainly hanging his hat on his interpretation and definition of the "independent" claim... And it is NOT just him hanging his hat on this rejection..it's him, his boss and one or two independent examiners not involved in the reexam joining in on the meetings and discussions too..that's another reason I see the appeal process as not being beneficial to us

I did, however, point out that once an Appeal Brief is filed, the examiner has the discretion to reopen the prosecution.

As it only takes 2 months from filing the Notification of Appeal until the Brief has to be filed, this would appear to be the speediest way to resolve the situation, rather than spending many months after which time an Appeal may eventually have to be filed.

How many examiners want their work scrutinized by the Board of Appeal?

Be well