You comments do have some merits - singer is an extablished lawyer, not an idiot for sure. So that is why he chose to do en banc again in a conventional way I would call. But I disagree this is a good idea because:
1) this prima facie argument - different population, already failed three times at PTO, DU and the appeal three judge panel, you really wanna try again with same argument?
2) as invest? and you are saying, singer is basically asking the judges to open eyes and read the material all over again. But it won’t happen as they have no tons of time for just this case. That is why Du piggybacked pto, appeal panel trying to piggy back Novo case, everyone want to get it done as quick as possible then call it a day go home.
So singer should have put down his own arguments and poke holes in court judges arguments like Kura, and novo case. Stop asking judges to do a de novo review.
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