Nos. 07-2240, 07-2369. Heard June 5, 2009. Decided March 11, 2010. Before LYNCH, Chief Judge, TORRUELLA, BOUDIN, LIPEZ, and HOWARD, Circuit Judges. ORDER OF COURT Although "the difference between the type of relief barred by the Eleventh Amendment and that permitted under Ex parte Young will not in many instances be that between day and night," Edelman v. Jordan, 415 U.S. 651, 667, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974), I believe that the panel opinion in this case is eminently correct in holding
Appeal No. 83-983. November 18, 1983. Arnold Sprung, New York City, argued, for appellant. John F. Pitrelli, Arlington, Va., argued, for appellee. With him on the brief were Joseph F. Nakamura, Sol. and John W. Newhirst, Associate Sol., Washington, D.C. Appeal from the Trademark Trial and Appeal Board. Serial No. 266643. Before FRIEDMAN, SMITH and NIES, Circuit Judges. NIES, Circuit Judge. The decision of the Trademark Trial and Appeal Board (board) of the United States Patent and Trademark Office