1.”The panel failed to address critical arguments presented in Labcorp’s briefing that directly contradict its decision, warranting rehearing and reversal of the Board.”
2. “Regardless of these errors, en banc review is necessary to resolve and harmonize this Court’s decisions on a legal issue fundamental to obviousness law: May courts circumvent the legal principle of obviousness law that, so long as ‘there is something in the prior art as a whole to suggest the desirability, and thus the obviousness,’ of the claimed invention . . . there is a motivation to combine, by instead characterizing such challenges as virtually unreviewable factual disputes?”
