Well Murph, here's what we'll do to turn your chronic pessimism into a positive. When we file our Brief, the filing will include Judge Du's Opinion, and will be posted here.
At that point you will be in position to carefully review our position, and Judge Du's position. After comparing the two, you can then detail for us precisely WHY Judge Du's position carries the day to the extent where you confidently conclude that there is no chance of winning this appeal.
We can then take what I presume will be your thoughtful, insightful, detailed, comprehensive legal analysis, backed up by thorough citation to applicable law supporting your position, and use that to help us better construct our arguments on the Reply Brief.
I look forward to working with you collegially on improving the work-product submitted to the Court, so maybe, just maybe, we can go from not having a "PUPS chance of winning anything", to having "slightly more than a PUPS chance of winning anything."