In comments on December 15 , 2005 , in advance of releasing its decision , the appeal court panel appeared critical of the lower court ruling .
A judge indicated that he did not understand the difference between evolution and abiogenesis .
In comments on December 15 , 2005 , in advance of releasing its decision , the appeal court panel appeared critical of the lower court ruling and a judge indicated that he did not understand the difference between evolution and abiogenesis .