EOLAS ESCAPES REEXAM - WHAT'S NEXT FOR MICROSOFT? The USPTO has indicated on its public portal that the Examiner has prepared a Notice of Intent to Issue a Reexam Certificate as of yesterday. The document hasn't been made available for viewing yet, but it appears that Eolas convinced the Patent Office that the obviousness rejection under 35 USC 103 was improper.
Specifically, Eolas filed declarations from two of their experts (Robert J. Dolan and Edward W. Felten), along with supporting documents totaling 250+ pages, explaining that the references were not properly combinable to form the obviousness rejection. The Examiner bought their line of argumentation and is prepared to let the patent stand.
You can view the USPTO docket here.
More on the Eolas reexam at Dennis Crouch's Patently-O.