I willingly admit to some bias,.... but I don't think that the arguement can be made that the appeal is frivolous, and since the appeal docuemnt request fairly adequately spells out (IMO) how the wording of the patent Vs that in the last case is in dispute and has NOT be (correctly) authoritatively decided.
I guess I could see the judges deciding that the arguements in the documents are adequately presented - but if so I can't see that playing out against our side if they decide it.
I'm betting we go to oral arguements on 2/3/2014.
(A) the appeal is frivolous;
(B) the dispositive issue or issues have been authoritatively decided; or
(C) the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument.