I am just guessing voodoo, that it was something the judge and Rosen and possibly a few others could see, but no one else unless Rosen came to a decision to keep the battle going. All speculation on my part.
Been busy lately and not keeping up very well with what has been posted here, but it seemed like an either/or for Rosen when Susman/EC wanting to discuss the document and the examiner at the same time.