The original request for reexamination was 4-24-2009, it was denied for being incomplete. The revised reexam was submiited on 8-24-2009. Our 336 patent was approved for a nirc on 9/11/2009. So, if the reexam was requested before the 336 was approved it would have to bo based on the old patent form, without revisions, cancellations, and modifications. How else in that time frame would the requestor know the future modifications. They cannot communicate with the PTO, other than thru reexam requests.

Other than it being approved what makes you think otherwise?