< Please note that most recent '336 request (app. 90/009,457) which was incomplete has been returned to OIPE (Office of Initial Patent Examination) as per today's post in Trans. History. Not officially denied yet.>

True, but it's not like the examiner is not fully aware of that request and what is contained in it. Would he proceed with NIRC if there was any liklihood that the request would proceed? It certainly would be very inefficient and I would guess moves like that makes every interested entity PO'd. Certainly the reexam requestor. Certainly the patent owner. Probably his boss. What's to gain by doing what you suggest is still possible?

Opty