<A bit sobering in terms of the PTO granting reexams and how they interpret prior art that is even part of the record.>

I think it is worth remembering that we have more than just a reexam certificate. When we amended the claims we potentially gave up something. One does not dot that lightly. But the benefit to the patent holder is that it removes the prior art of record as being an obstacle. That is why the 336 was amemded. To say now that the amended claims did nothing with respect to the old art that can be used against it going forward, would be strange indeed. If that were the case, wouldn't the preference always be not to amend and to appeal all final rejections?

In the NIRC the examiner specifically said that none of the prior art of record contained the amendment language/teaching. Hence the claim is patentable.

In light of the above statement, how does the new examiner twist and turn the old prior art to change the meaning of what was already determined to be fact? IMHO, I don't think he can.

GLTA, Opty