Eggbert,

I think you are crossed up with the terminology.

Don’t confuse the physical act of the reexamination of the patent with the document, “issuance of the reexamination certificate”.

The examiner has infract completed the reexamination. If the examiner did not examine both the patent and the request of reexamination, of what opinion could he base his rejection or acceptance?

He has already made his decision now he is allowing us the opportunity to argue our position in an attempt to sway that decision if necessary. After that he issues the reexamination certificate.