MORGANROTH v. QUIGG

No. 89-1124.

885 F.2d 843 (1989)

Shila MORGANROTH, Plaintiff-Appellant, v. Donald J. QUIGG, Honorable, Commissioner of Patents and Trademarks, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 8, 1989.


Attorney(s) appearing for the Case

George H. Mortimer, Provo, Utah, argued for plaintiff-appellant. With him on the brief was John P. Moran, Staas & Halsey, Washington, D.C.

Fred E. McKelvey, Sol. and Albin Drost, Associate Sol. of the Office of the Sol., Arlington, Va., argued for defendant-appellee.

Before FRIEDMAN, ARCHER and MICHEL, Circuit Judges.


FRIEDMAN, Circuit Judge.

The question in this case, here on appeal from the United States District Court for the District of Columbia, is whether the Commissioner of Patents and Trademarks correctly held that he had no jurisdiction under 35 U.S.C. § 41(a)(7) (1982) to revive as unintentionally abandoned a patent application. The alleged unintentional abandonment was the applicant's failure to appeal the district court's earlier decision affirming a prior decision...

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