<In the order/denial decision on the second request, it should be noted that this preliminary amendment (the certificate) was entered into the reexamination file, and that the determination (order/denial) was based upon the new patent in the certificate.

A copy of the reexamination certificate should be included as an attachment to the order/denial decision to ensure that any third party requester of the second reexamination has a copy of the certificate claims>

IMHO, there is nothing in the file indicating that the above was done when granting a reexam under 90/009457. Contrarily, as another poster pointed out, page 22 of the grant disallows any SNQ on claims 11 to 20 since they are not in effect at the time the determination was made.

It is crystal clear that the grant was determined w/o consideration to any reexam certificate.

IMHO, this situation is not really covered in any of the manual excerpts posted thus far. Hence, the reason we are confused. Logic would say that now that an reexam has been authorized, the examiner will proceed to reexamine it in light of the current status, not as it was at some earlier date. But it certainly would be helpful if the examiner could tell us that such logic is indeed logical.

I don't think it can be made any clearer than that.

GLTA, Opty