Is it possible that the appeals court could grant the appeal for 108 because it was not litigated in CO and leave the collateral estoppel in place for 774? With that, would we still be where we need to be, according to Fred, when he effectively said that proven infringement on one patent was as good as infringement on several? Thirdly, wouldn't the argument for the CE appeal on 774 simply be the re exam results, in view of the fact that Judge Krieger ruled not knowing the results of the re exam?