I think you got it. of course the judge is counting on the Examiner bailing out her sorry position, she did it to herself and now recognizes she will appear prejudiced either way she goes. To avoid the numerous appeals that are bound to arise she is just eliminating the ones she can avoid. She must get this case moving forward. Once the examines report is made public and the excrement hits the rotating turbine it is Rosen and WG&M that will be standing in back of the blades and not her.