"You write as if the '336 has been refused certification. It has not. The examiner has presented a case for obviousness."
Based on what? Perhaps the more liberal guidelines which KSR now allows? I do feel that if it were not for KSR we would not be dealing with this additional bump in the road . Whether or not it is a definate, final rejection does not preclude it from being a potential lethal obstacle. I sense a willingness by the examiner to try prove obviousness where it does not exist. The reason for that may be new guidelines in light of KSR?
JMO
GLTAL