OK..I am in over my head here. I was wondering why the examiner had granted a new rexam using many of the same references that were in the prior re-exam. I found this on page 10 of the 25 page document in the image file wrapper.

7. A prior art patent or printed publication raises a substantial new question (SNQ) of patentability where there is:

A) a substantial likelihood that a reasonable Examiner would consider the prior art patent or printed publication important in deciding whether or not the claim is patentable, and,

B) the same question of patentability as to the claim has not been decided in a previous or pending proceeding or in a final holding of invalidity by a federal court

For any reexamination ordered on or after Nov. 2, 2002, reliance on previously cited/considered art, i.e., "old art," does not necessarily preclude the existence of a substantial new question of patentability that is based exclusively on that old art. Rather, determinations on whether a substantial new question of patentability exists in such an instance shall be based upon a fact-specific inquiry done on a case by case basis.