United States Federal Circuit

Director of the Patent and Trademark Office had the authority to withdraw summarily a patent application from issue, following Notice of Allowance, payment of the issue fee, notification of the issue date, and with publication of the drawing and claim in the Official Gazette.

Appellate Information

• Decided 06/28/2002
• Published 06/28/2002

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, CLEVENGER, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Donald R. Dunner,Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant.   With him on the brief was J. Michael Jakes.   Of counsel on the brief were Michael H. Selter, and Jeffrey S. Melcher, Manelli, Denison & Selter, PLLC, of Washington, DC. Also of counsel on the brief was Jeffrey A. Simenauer, of Washington, DC.


• For Appellees:
  
• John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendant-appellee.   With him on the brief were Marshall S. Honeyman, and Stephen Walsh.   Of counsel was Henry G. Sawtelle, Attorney, Office of the Solicitor.