Taken from:

2236 Assignment of Reexamination [R-7]

It should be noted that while an examiner who examined an earlier concluded reexamination proceeding is generally excluded from assignment of a newly filed reexamination, if the earlier reexamination is still ongoing, the same examiner will be assigned the new reexamination.

NIRC: Sept. 11, 2009

Notice of new Reex published in Official Gazette: Sept. 15, 2009

Corrections welcomed but if Rimell was assigned this new request it probably would have been denied because although the newly cited prior art was "not of record" Rimell was aware of it's existance. The 4 days came in handy for the enemy. It makes me think that the "incomplete" request was a delay tactic and it is just a matter of procedure before it gets blown out of the water. BTW...FWIW, this wasn't the first time a '336 request was incomplete. The request by NEC America (90/008,237) had to be corrected also.

GLTAL