United States Federal Circuit

In a consolidated case involving four civil actions brought by plaintiff under 35 U.S.C. section 145 (2000) regarding plaintiff's twelve patent applications, decision in favor of plaintiff is affirmed where: 1) the district court correctly interpreted 37 C.F.R. section 1.192(c)(7); and 2) the district court's remand order did not require defendant-board to consider arguments waived by plaintiff.

Appellate Information

• Decided 12/23/2008
• Published 12/23/2008

Judges

• GAJARSA, Circuit Judge., Before NEWMAN and GAJARSA, Circuit Judges, and WARD, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Kenneth C. Bass, III Sterne, Kessler, Goldstein & Fox P.L.L.C., of Washington, DC, argued for plaintiff-appellee.   On the brief were Michael I. Martinez and Michael I. Coe, Crowell & Moring, LLP, of Washington, DC. Of counsel on the brief was Gregory L. Roth, Law Offices of Gregory L. Roth, of La Palma, CA. Of counsel was J. Robert Chambers, Wood, Herron & Evans, L.L.P., of Cincinnati, OH., Robert J. McManus, Associate Solicitor Solicitor's Office, United States Patent and Trademark Office, of Arlington, VA, argued for defendant-appellant.   With him on the brief were Stephen Walsh, Acting Solicitor, Thomas W. Krause and William G. Jenks, Associate Solicitors.