It appears you are talking about the Aventis appeal in Aventis vs. Amphastar et. al.
I do not agree with your description nor do I understand what you are asking.
I am an attorney, have read all the briefs and attended the trial of the case in LA.
Trial court decision to invalidate the patent for inequitable conduct before the Patent Office should be upheld. (But then I am still drinking the koolaid, make mine grape.)