Not familiar with enough case history to answer. However, anytime a re-hearing is granted, in some sense that means a judge must've second guessed his original vote.
En banc denied 6-6. Rehearing lead to a revised decision where invalidity of 1 claim was remanded to district court, and invalidity of other two claims affirmed. So it can get messy if judges like Newman and Moore pick up the sword and fight on our behalf.
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