In a recent paper in Journal of Convex Analysis the authors studied, in non-reflexive Banach spaces, a class of maximal monotone operators, characterized by the existence of a function in Fitzpatricks family of the operator which conjugate is above the duality product. This property was used to prove that such operators satisfies a restricted version of Brondsted-Rockafellar property. In this work we will prove that if a single Fitzpatrick function of a maximal monotone operator has a conjugate above the duality product, then all Fitzpatrick function of the operator have a conjugate above the duality product. As a consequence, the family of maximal monotone operators with this property is just the class NI, previously defined and studied by Simons. We will also prove that an auxiliary condition used by the authors to prove the restricted Brondsted-Rockafellar property is equivalent to the assumption of the conjugate of the Fitzpatrick function to majorize the duality product.
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