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Unfortunately, you are wrong. There is a continuation pending - you can look it up at http://portal.uspto.gov/pair/PublicPair under application number 13/220,621. The claims in this application appear to be broader than those that were issued. They can also file any number of continuations they want off of this pending application.

It has nothing to do with the recent legislation. The patent was filed in 2008, so is under the old "first to invent" regime.