Moreover, argued Kayton, the fact that the Third Circuit and the judge in the similar Texas case disagreed over whether Monsanto was just "putting its best foot forward" or instead was intentionally defrauding the Patent Office indicates that reasonable men can differ: "This being so, is it not an inescapable conclusion . . . that the Monsanto patent solicitor's [conduct] . . . was at worst a nonculpable mistake of judgment?"[21] Again, co-author Stern disagreed: "No. The Third Circuit, on the contrary, appears to have thought that Judge Singleton's views were plainly erroneous, and that his acceptance of the patentee's theory that 'it is all right to put your best foot forward with the Patent Office' was contrary to the legal standard as to candor required in ex parte proceedings of this type. Given so thoroughly erroneous a concept of the standard of candor, it is neither surprising that in the circumstances of this case the judge using that legal standard found no fraud nor surprising that the judges rejecting it found fraud."[22]