In an article in the George Washington Law Review, Irving Kayton criticized "the Third Circuit's ignorance of the accepted manner and practice, defined by statute and rule, in which patent prosecution takes place."[18] Kayton said that it was the responsibility of the patent examiner to review the records of the earlier stages of the patent prosecution, and there is a legal presumption that the examiner did that; that examination would have disclosed the information that Monsanto withheld in the Husted Affidavit. Accordingly, Kayton argued, "Monsanto['s] patent solicitor was thus completely justified in attributing actual, but at the least, constructive knowledge to the examiner of the contents of the disclosures of both the 1961 and 1957 applications."[19] Co-author Richard H. Stern disagreed with his colleague on this issue. Stern maintained, "The proposed reliance on constructive knowledge, and the indulgence in legal fictions and presumptions that follows, has far more flavor of a determination not to learn damaging facts than it has of the candor required in such cases."[20]