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PATLEX CORP. v. MOSSINGHOFF

Appeal No. 84-699.

758 F.2d 594 (1985)

PATLEX CORPORATION, et al., Appellants, v. Gerald J. MOSSINGHOFF, etc., et al., Appellees.

United States Court of Appeals, Federal Circuit.

March 7, 1985.

Attorney(s) appearing for the Case

Alan J. Davis, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, Pa., for appellants. With him on brief was Jeffrey S. Saltz, Philadelphia, Pa.

John F. Pitrelli, Associate Sol., Arlington, Va., for appellee PTO. With him on brief were Joseph F. Nakamura, Sol. and John W. Dewhirst, Associate Sol., Washington, D.C.

Edward M. Posner, Drinker, Biddle & Reath, Philadelphia, Pa., for appellee Control Laser.

Before MARKEY, Chief Judge, and FRIEDMAN and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Appellants are Patlex Corporation and Gordon Gould. Appellees are Gerald J. Mossinghoff in his capacity as Commissioner of Patents and Trademarks; the United States Patent and Trademark Office; and intervenor Control Laser Corporation.

The issue is whether certain provisions of the patent reexamination statute and implementing regulations are in violation of: the due process clause of the Fifth Amendment to the Constitution;...

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