Please correct me if I'm wrong but it looks to me that the examiner is going by the "letter of the law" and had to grant the re-ex since prior art cited was "not cumulative to the art of record in the original file" and "not subject to a final holding of invalidity by a federal court."

..and besides that on pg. 13/14..."the request relies on an allegation of an admission of the patent owner but provides no evidence".

This attempt should get blown out of the water soon enough IMHO.

GLTAL