I've never seen a request for a reexam..whne that reexam has been issued a final rejection...If the PTO strongly believes in their position, then this request should be denied...IMO why would they issue another reexam if they thought their point of view was valid enough to reject the patent/claims?
The only reasoning I can think of is that someone thinks the rejection is on shaky ground and they filed for this reexam to hold us in limbo for another 2 yrs till this one is completed. Evenif that is the case...if it were I doing this I'd have waited till the ruling on the final rejection was complete and file for another reeexam then...unless of course this filer for the reexam thinks the overturn /compromise/settlement of the rejection is very close at hand.
Assuming,(which is always a bad thing to do) that this filer gets his new reexam IMO, it has to based on some new angle none of us have thought of and something new that the examiner never brought into the picture too.
Bottomline IMO, this filer thinks an awful lot of his stance...and even if the 336 was on target to get issued an intent to recert. we could get that snubbed if the PTO and this art group leader believes this new filer has a angle to file that merits another reexam. That inturn just puts us on hold for 336 all over again.
Whatever transpires this is the most convoluted action(s) I've ever been exposed to on any patent and/or reexam....and doesn't help the companjy, the MMp or us one bit IMO