08-24-2009 notice of incomplete ex parte reexam request.

Page 9 #III Co pending proceedings cannot be the basis for reexamination

Also the examiner’s section (last few pages) 11-14-2009 “List of references cited by applicant and considered by the examiner”

Page 19 # 26

Claims proposed in a co pending reexamination proceeding:

a pending proposed amendment in a pending reexamination proceeding is not in effect within a patent, since it is not part of the original patent text nor added to the patent through the issuance of a reexamination certificate. MPEP 2242.