After hearing others' thoughts on the CE issue, I find myself thinking that my first take, which was that they are calling into question whether the vacate and remand allows for the 3 claims that weren't appealed in the current action to be included in any new hearing or if they are precluded.
Another thing that bothers me, aside from the possibility that the invalidity decision on those can no longer be appealed, is the CAFC acting as the party to raise the CE issue. In reading some of the info you posted, Mad, I seem to recall a statement that the CE issue needs to be raised by a party to the action.
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