one would re-open the re-exam request when it is close to being rejected, for the following reasons
- the requesters fears that the initial rejected will be reversed
- he feels strongly about the prospect of re-certification/ratification upon appeal
- he stands to lose a lot of money upon ratification
- he is guilty of violating the patent
This is a delaying tactic. It actually bolsters our case for appeal. That there is strong suspicion of the examiner's error advertently or inadvertently