In this note, using a technique of Verona and Verona, we show that a result announced in “All maximal monotone operators in a Banach space are of type FPV” by A. Eberhard and R. Wenczel, Set-Valued Var. Anal. 22, 597–615, (2014), implies the truth of the Rockafellar conjecture. We then show that there is a gap in the logic of the Eberhard–Wenczel result, which we tried unsuccessfully to close. We also discuss briefly the connection with maximally monotone multifunctions of type (FPV).