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ANIMAL LEGAL DEFENSE FUND v. QUIGG

No. 89-15129.

900 F.2d 195 (1990)

ANIMAL LEGAL DEFENSE FUND, a non-profit corporation, et al., Plaintiffs-Appellants, v. Donald J. QUIGG, as Assistant Secretary of the Department of Commerce and Commissioner of the U.S. Patent and Trademark Office, C. William Verity, as Secretary of the Department of Commerce, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1990.

Attorney(s) appearing for the Case

Joyce S.A. Tischler, Animal Legal Defense Fund, San Rafael, Cal., for plaintiffs-appellants.

John F. Daly, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before SNEED, FARRIS and FERNANDEZ, Circuit Judges.

FARRIS, Circuit Judge:

The Animal Legal Defense Fund and other animal rights and farming groups, as well as two individual farmers, seek to invalidate a rule issued by the Commissioner of the U.S. Patent and Trademark Office, Donald Quigg, which stated that genetically altered animals are patentable subject matter. Plaintiffs base their claim on the APA, alleging that the Commissioner was required to, and did not provide notice of the proposed rule in the Federal...

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