Kernrechtsfrage
Whether the request to clarify judgment 4A_288/2008 was admissible after the cantonal court had already issued a new decision following remittal.
Extrahierter Entscheid
Clarification is inadmissible once the lower court has already rendered the new decision; the prior judgment can then be reviewed only in the context of a challenge against that new decision.
Extrahierte Begründung
Art. 129(2) BGG allows clarification of a remittal decision only until the lower court has decided again. Here the Obergericht had already issued its new circular decision of 9 December 2008, so the clarification request could no longer be entertained.