Useless to try to predict invalidation statistics in re-exam proceedings in PTO, either ex parte or inter parte. Facts of each case govern any law issues to be resolved. It is often true, however, that better prior art is discovered by alleged infringers that the original examiner did not find in the 1st place.
I had a party-conversation with a Ph.D. chem- and bio-experienced technical adviser who works at a law firm searching validity issues. She agreed with my own experience over the years that PTO examiners' computer searches predicated on key words, symbols, etc, will miss pertinent art-- GIGO is alive and well.
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