United States Federal Circuit

Rejection of plaintiff's patent application, entitled "Aluminum Oxide Particles," is vacated where he was erroneously denied the opportunity to respond to evidence adduced sua sponte by the Board of Patent Appeals.

Appellate Information

• Decided 08/15/2005
• Published 08/15/2005

Judges

• PAULINE NEWMAN, Circuit Judge., Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Peter S. Dardi, Patterson, Thuente, Skaar & Christensen, P.A., of Minneapolis, Minnesota, for appellants.   With him on the brief was Tye Biasco.   Of counsel were Randall T. Skaar and Eric H. Chadwick., John M. Whealan, Solicitor, Office of the Solicitor, of Arlington, Virginia, for the Commissioner of Patent and Trademarks.   With him on the brief were James R. Hughes and Stephen Walsh, Associate Solicitors.