Was the 97% grant rate an outrageous inaccuracy or a ludicrous mistake?

Congr. David Obey, when talking of outrageous inaccuracies and ludicrous mistakes, was referring to what's on recovery.gov, but perhaps might have been talking about the urban legend of the 97% patent grant rate.

Lest we forget, the grant rate number made its way in a brief to the US Supreme Court in the eBay case.