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CHAMBERLIN v. ISEN

No. 85-1578.

779 F.2d 522 (1985)

Raymond A. CHAMBERLIN, Plaintiff-Appellant, v. Forester W. ISEN, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 26, 1985.

Attorney(s) appearing for the Case

Raymond A. Chamberlin, Palo Alto, Cal., pro se.

Larry L. Gallagher, Sp. Asst. U.S. Atty., San Francisco, Cal., for defendants-appellees.

Before SKOPIL, PREGERSON and WIGGINS, Circuit Judges.

SKOPIL, Circuit Judge:

Raymond A. Chamberlin appeals from a decision dismissing his action filed under the Federal Tort Claims Act for lack of subject matter jurisdiction. We must decide whether the discretionary function exception to the Federal Tort Claims Act ("FTCA"), 28 U.S.C. § 2680 (a) (1982), shields Patent and Trademark Office ("PTO") employees from tort liability, based on a patent examiner's conduct in rejecting...

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