You left out what is probably, potentially, the most important thing. The 60-day clock will run out for our (non-)response/statement re: the '336, and the PTO examiner may put a quick end to the current re-exam. The '336 would then be unencumbered.
This is the possible event I await. Sometime after 1/15/10. That would indeed make for a happy new year.
Your right but IMO the 336 has already passed the mustard at the USPTO its just a formality now dotting the i's and crossing the t's.
I hope everything will finally come together for us in 2010.
Happy New Year to you,
Steve