<Opty, The old art from the prior reexamination is allowed in the new reexamination only because of the way it is worded. The original request was a botched job. Only after the request was re-submitted would the examiner even consider a reexamination.

The only evidence that will be considered by the examiner is the six patents listed on the examiners form page. There is prior art listed in those patents.>

I have to take issue with you. May I suggest that you read the NIRC for the 584 and the subsequent rejection of the request for reexam. It would appear that examiners attempt to put a stop to the rehashing of the old art when they do the NIRC. If you read the 584 and the 336 NIRCs you will see the examiners making statements as to the specific features not found in the prior art of record. Those statements were the basis for rejecting the new 584 request.

So, while I agree that it is possible to use old art, IMHO there is a reason why examiners make such specific statements in the NIRCs. It is a very powerful means to stop the rehashing. Like I said previously, at worst, if there is an office action, all we should have to do is make reference to each of the statements made for each of the features in each of the claims in the 336 NIRC. I find it hard to believe the present examiner would let it go that far. But that is only my opinion/hope.

GLTA, Opty