< I see no other reason for us to request an extension to file an appeal.>

Try this on for size. The examiner just rejected a request for reexam. See 90/010551. Part of that rejection stated the following: "The request for reexam of claim 1 is based on a version of claim 1 which is not currently in effect"

May I humbly suggest that the examiner, now aware of the prior art that could be used in a subsequent reexam of the amended claim 1, could very well have decided to deal with it now, rather than later. The patent owner is not presently in a position to do anything, since the present amendment is not yet approved. He took it upon himself to add clarifying language which debunked the prior art that was being considered in the rejected reexam request.

Don't you think the above is a reasonable explanation of what the extension of time is all about?

Opty