You are making it sound like the examiner did nothing wrong by ordering a reexamination based on SNQs that did not exist and the facts clearly in sight. It's not like the information was hidden from him.

You can't be 100% postive that the communications will not help. If you are looking for an acceptable reason to do nothing about the situation, IMHO, the fact that you don't think it will do any good, is not a reason most would accept. But I could be wrong.

Opty