Examiner Rimmel who has been re-exing the '336 since Dec. 6, 2006 knows the patent inside and out IMHO. He made quick work of denying this request and the other couldn't even qualify for a determination. Amendments which were made to the original request (App.# 90/008,237)after the appeal seem likely to put it in a condition for a re-cert. Check it out.....LOOKING GOOD!
All IMHO
GLTAL