In a never ending attempt to lose credibility, Ming opines that we will see a CAFC response by the end of next week.
Ming reasons thusly; If the en banc was granted, the Rule 36 would have had to be subject to a rehearing and shown on the CAFC website. That has not happened. As such the request by Apple still resides with the Merits Panel. They are either drafting reasoning that an en banc vote is unnecessary or are supplementing their Rule 36 order for the record.
Even were they to be engraving their efforts on stone tablets, not only has enough time passed to do so but they are likely to want this out before the June 4th 504 case is heard. Since the Memorial Day Weekend immediately precedes that event, rather than impinge on this fun loving opportunity to run around with sparklers and to setting off cherry bombs, they will exert themselves to accomplish and publish whatever addition to the Rule 36 they are able to squeeze out of the constipated legal process by the end of next week.
Ming has spoken.