Apparently every US patent judge appointed since 2000 has gotten their gig unconsitutionally:
http://www.nytimes.com/2008/05/06/washington/06bar.html?th&emc=th
Oops! An inexcusable mistake by people down the line to not give that 1999 law a thorough look-see to make sure the constitution was being circumvented. Patent decisions are going to be appealed to federal appeals courts left and right now, and with good reason. Most cases would probably come out the same on redecision, but the process matters here. Everything should be handled properly, and that most certainly includes the selection of the judges themselves.