Atlantic Thermoplastics Co., Inc., James B. Sullivan and Richard B. Fox v. Faytex Corporation, Defendant/cross-Appellant

Twice a judge requested a poll on whether to reconsider in banc the ruling in Atlantic Thermoplastics Co., Inc. v. Faytex Corp., 970 F.2d 834, 23 USPQ2d 1481 (Fed.Cir.1992). Twice a majority of the court refused to approve rehearing. 1 Twice the entire court considered detailed arguments in favor of reconsidering the court’s decision. Twice the court declined to disturb the Atlantic Thermoplastics ruling.

Fed.Cir.R. 35 governs in banc rehearing: Such a hearing or rehearing is not favored and ordinarily will not be ordered except (1) when consideration by the full court is necessary to secure…