Is the whole issue of VHTG vs HTG in the realm of "factual findings"? Reason I ask is I recall reading that appellate court would not revisit "factual findings" but rather defer to DC findings. Even if such findings are complete bullshit (as they are in this case).
If we go with what you said, you meant the PTO was wrong previously on the prima facie? How come amrn didn’t win this argument but had to win by secondary.