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KLEIN v. COMMISSIONER OF PATENTS OF UNITED STATES

No. 72-1437.

474 F.2d 821 (1973)

Harold T. KLEIN et al., Appellants, v. The COMMISSIONER OF PATENTS OF the UNITED STATES, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 6, 1973.

Attorney(s) appearing for the Case

James L. Bean, Washington, D. C. (Francis C. Browne, Washington, D. C., Peter K. Stackhouse, Tolbert, Lewis & Fitzgerald, Arlington, Va., and Browne, Beveridge, DeGrandi & Kline, Washington, D. C., on brief), for appellants.

Fred E. McKelvey, Associate Sol. (S. William Cochran, Sol., on brief), for appellee.

Donald R. Dunner, Washington, D. C., Robert W. Mayer, Dallas, Tex., Ralph R. Browning, Houston, Tex., Paul E. Krieger, Washington, D. C., on brief, for amicus curiae, Dresser Industries, Inc.

Before CRAVEN, RUSSELL and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

The issue decided in this patent case is whether the denial of a motion to dissolve the declaration of an interference by the Patent Office, pursuant to 35 U.S.C. § 135(a), constitutes final agency action reviewable by federal courts under the Administrative Procedure Act, 5 U.S.C. § 704.

The district court granted the motion of the appellee, Commissioner of Patents, to dismiss the complaint for lack of subject matter jurisdiction...

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