John...I disagree...This case is important because it establishes, for the first time, a new and different legal theory with respect to how objective indicia should be considered... As there was no written discussion by the panel, the case now merits a written opinion en banc.
If you have a few minutes you will probably find this short article interesting. Judge Michel, Panelists Contemplate the CAFC Past, Present and Future on Day Two of CON2020 9/2/2020 -- note the ignominious date
Judge Paul Michel is a retired U.S. Court of Appeals for the Federal Circuit (CAFC) Chief Judge.