Every appeal is limited to a review of the decision of the lower court unless the appellate court considers in any given case that it would be in the interests of justice to hold a re-hearing1. The appellate court is extremely reluctant to reverse the judge's evaluation of the facts2 or in matters involving the exercise of a discretion3. It is also slow to interfere with the judge's evaluation of mixed questions of law and fact such as obviousness and insufficiency
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