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OCR: Izumi has not offered any reason why the decision below was within the discretion vested in appellate courts by statute and rule Izumi has simply ignored both 2106 on in Munsingwear and Rule 42(b) The decision below however was clearly within the discret tio1 afforded hy these legislative pronouncements The Federal Circuit Found in the Sound Exercise of Its Discretion that Vacatur Was Appropriate. The Federal Circuit soundly exercised the discretion vested it by this Court, by statute and by rule 11 vacating the tudgments under the circumstances here. In accord with these authorities the Federal Circuit recognizes that "judgments should general bo vacated when the case becomes moot. Pet The court, however also considers itself obliged rview the propriety 01 vacatur' under the circumstances ...