As I posted the other day, re: terminate vs. NIRC:

"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."

So it is a question of PTO strict adherence with the flow, or taking the most logical, cost-effective step (a "termination" would likely be a cost saver IMO).

SGE