If it is just procedure and denial of the request along with recert of the 336 will come in the next month or two than so be it.
If I take Examiner Rimmel I believe was his name who was reviewing the 336 for his word he said it had already been reviewed against all possible prior art or combinations and passed and that it would be recertified.
I personally think the USPTO review system SUCKS and they need to change their policy to accomodate this type of attack from infringing companies.
I PRAY that HTC Pays Thru The NOSE!
Just My HUMBLE Opinion!