In Re Sgs-Thomson Microelectronics, Inc.

61 F.3d 862, 35 U.S.P.Q. 2d (BNA) 1639, 1995 U.S. App. LEXIS 20023, 1995 WL 447464

Opinions

ORDER

A suggestion for rehearing in banc having been filed by the RESPONDENT, and a response thereto having been invited by the court and filed by the PETITIONER, and the matter having first been referred as a petition for rehearing to the panel that heard the appeal, and the suggestion for rehearing in banc and response were thereafter circulated to judges on the panel that heard the appeal and to the remaining active judges authorized to request a poll whether to rehear the appeal in banc, and a poll having been requested, taken, and failed,

UPON CONSIDERATION THEREOF, it is

ORDERED that the petition for rehearing be, and the same hereby is, DENIED, and it is further

ORDERED that the suggestion for rehearing in banc be, and the same hereby is, DECLINED.

Circuit Judge NIES has filed a dissenting opinion, in which Chief Judge ARCHER and Circuit Judge PLAGER join.