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Re: marjac post# 297720

Wednesday, 09/09/2020 3:39:48 PM

Wednesday, September 09, 2020 3:39:48 PM

Post# of 428806
I suggest “inequitable behavior” or outright evidence presentation “fraud” committed by any entity or attorney that occurred in the proceedings below that are being reviewed by the CAFC will catch numerous(all) eyes at CAFC anytime the court is apprised of that evidence, including via a petition for en banc rehearing of a case, timely filed, where the original 3 Judge panel did not know about that kind of presentation or behavior in its initial review of proceedings below.

It should not matter that the losing party itself had failed to recognize that the evidence considered by the examiner in allowing one or more patents was presented to the initial reviewing Judge in proposed Findings of Fact that omitted or truncated the very evidence relied on by the Examiner—a misleading presentation, if not inequitable or outright fraudulent.

My apologies to everyone if I have misunderstood what HK, circuit and ILT have assembled in their respective posts.
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