Perhaps this may finally clear things up
in response to
by
posted on
Dec 06, 2009 07:18PM
I agree with Milestone as evidenced by my earlier post where I said that the issued certificate may not have been used in determing whether to grant or not grant the new reexam, it may be incorporated as an amendment at some later date and used at that time in the proceeding.
I found this in the MPEP chapter 2200 section 2243
Amendments and/or new claims presented in any copending reexamination or reissue proceeding for the patent to be reexamined will not be considered nor commented upon when deciding a request for reexamination
Where a request for reexamination is granted and reexamination is ordered, the first Office Action and any subsequent reexamination prosecution should be on the basis of the claims as amended by any copending reexamination or reissue proceeding.