Atlanta ? A federal appeals court panel on Thursday appeared sharply critical of a ruling earlier this year that ordered the removal of stickers in science textbooks stating “evolution is a theory, not a fact.”

Judge Ed Carnes of the 11th U.S. Circuit Court of Appeals said that the lower court judge had misstated facts in his ruling, overstating the influence religious protests had on the school board’s actions. He also said the words on the sticker are “technically accurate,” and that the Cobb County school board was justified in singling out the theory of evolution for comment.

“From nonlife to life is the greatest gap in scientific theory,” Carnes said. “There is less evidence supporting it than there is for other theories. It sounds to me like evolution is more vulnerable and deserves more critical thinking” than other subjects.

The appellate panel heard arguments in the case Thursday and may not release its decision for several weeks. But attorney Michael Manely said the judges’ questions suggested they may seek to overturn U.S. District Judge Clarence Cooper’s ruling.

The sticker debate played out in Cobb County, an area north of Atlanta where science teachers used to rip pages out of textbooks rather than discuss evolution. When the school board adopted a new biology textbook that addressed Charles Darwin’s theory in detail, conservative Christian parents protested.

As a compromise, the school board in March 2002 decided to apply a sticker to the inside cover of every textbook. It read: “This textbook contains material on evolution. Evolution is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully and critically considered.”

A group of parents, backed by the American Civil Liberties Union, sued the school district, charging the sticker endorsed religious beliefs.