Having gotten there....

It seems to me that the process is "fouled" somewhat by the timing of events on the '336. Now that the prior re-exam results and updates to file history are in place, demonstrating that the prior art cited in the new, accepted request has been (or is believed to have been) overcome, one would think that with this info in hand, there is no "Substantial New Question" and the re-exam could be "terminated". But because of the timing issue, we're further down in the flow, placing us at the point were "Examiner Issues Office Action" -> All Claims Found Patentable" -> NIRC.

IF WARRANTED, it may still be possible to "Terminate" (which would be best for us, IMO), but the more likely scenario is for an NIRC.

This ASSUMES that what we've determined (or think we've determined) regarding the prior art is correct, and that what Lecky is reported to have said at the AMS in this regard is correct.

THIS IS NOT AN ABSOLUTE, IMO.

It is possible that the examiner could "play dumb" and issue an OA requiring a response (with associated time frames), in which it is presumed Henneman would argue the prior art points. Then we'd probably (I hope) get an NIRC, though we could get another non-final OA - and hopefully not a "Final Rejection". And time would pass.....

The first OA is believed to be due this week.

FWIW,

SGE