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Re: madprophet post# 42177

Sunday, 05/02/2021 10:37:28 PM

Sunday, May 02, 2021 10:37:28 PM

Post# of 46508
You are correct in that the CAFC was focused on the issue at hand, not the 101 issue. I think some folks unintentionally confuse that issue and mistakenly believe that is a validation of the 101, which many others here have posted about. The CAFC has NOT weighed in on the 101 issue...not yet.

A lot of folks get off track with the PTAB, which can actually have a conflicting ruling with the District Court. They have different standards for evidence to make their respective rulings, which sometimes leads to confusion.

Like you said her courtroom is her own fiefdom and she has the authority to rule independently, within the law, as long as she can justify her conclusion. An appeal could get some traction if Casper relied on cases or a case that are not good case law.