True point but not the best comparison. The granting of an en banc alone in itself is a much greater and more difficult achievement in and of itself. It is a court with what I believe is an already astounding 80%, possibly slightly higher, remand/reversal ratio. This is in contrary to an estimated plaintiff loss approaching if not surpassing the 90% mark in lower courts. Simply being granted this hearing is in of itself a much larger victory than many realize