Apologies, I was addressing the question raised about if the '336 was invalidated would anyone else have missed the opportunity to patent something similar, while trying to keep my reply simple. Taking on board your comments, my reply still holds true: there is a '336 patent(even with none, one, or more changes), or there couldn't be one due to "obviousness"

I am yet to be convinced of the Request for Continued Examination route, of which the IDS filings are but a part, being the best avenue to pursue for the simple reason that if the examiner still remains entrenched after 18 to 24 months the Appeal would have to be started, adding even further delay. Far easier to let the examiner be persuaded by the Appeal Brief within 3 months, in my very humble opinion.

Be well