Well Beantown i actually made that predicition months ago (Jan23.2010)

http://agoracom.com/ir/patriot/forums/discussion/topics/405320-movement-of-336-at-uspto-reexam-litigation-search-conducted/messages/1338986#message

....and for the same reasons I stated then I hold to now...I hope I'm wrong.. but if that reexam was going to be overturned in our favor with no indepth searches done by this new examiner I would have expected it to happen by now. If he takes it through the process as I expect with theh delays of answering back and forth,,, with 30-60 day time periods for info and decisons to get reached and posted then IMO we may be looking at not 9 months from when I first posted but 9+ months from even today...in any even we'e closer to my 9 month expections of back in January than I hope we would be.