One of the three judges assigned to hear a crucial appeal in the ongoing antitrust battle between Microsoft and the Justice Department has been removed from the case, a person familiar with the matter said. Laurence Silberman, a judge with the U.S. Court of Appeals for the District of Columbia, has been replaced with Patricia Wald, said the source, who spoke on the condition of anonymity. It was not immediately clear if Silberman had been recused due to a conflict of interest or had been removed for some administrative or personal reason. The Justice Department brought its case against Microsoft in October, alleging that the software giant's licensing requirement that Windows 95 be shipped along with the Internet Explorer browser violated terms of a 1995 consent decree. The three-judge panel is deciding two pivotal issues. One is Microsoft's appeal of a December preliminary injunction requiring the software giant to separate the two pieces of software pending a final outcome in the case.