Good question but come to think of it....we were probably waiting to waive the right to respond and wisely did our "duty of candor and good faith" to bring it up at this juncture so that the requestor wouldn't have a chance to muddy up the waters with a counter argument.

Besides...after reading the following it seems to me that it isn't the duty of an examiner to inform the Office of any pertinent info. Perhaps he is limited/restricted from doing so...it might be considered taking sides with the patent owner?

http://www.uspto.gov/web/offices/pac/mpep/documents/appxr_1_555.htm

GLTAL