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HOWITT v. U.S. DEPT. OF COMMERCE

No. 89-1697.

897 F.2d 583 (1990)

Robert T. HOWITT, Plaintiff, Appellant, v. UNITED STATES DEPARTMENT OF COMMERCE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 6, 1990.

Attorney(s) appearing for the Case

Gerry A. Blodgett with whom Blodgett & Blodgett, P.C., Worcester, Mass., was on brief, for plaintiff, appellant.

Paul G. Levenson, Asst. U.S. Atty., with whom Wayne A. Budd, U.S. Atty., Boston, Mass., was on brief, for defendant, appellee.

Before BREYER, TORRUELLA and SELYA, Circuit Judges.

BREYER, Circuit Judge.

Robert Howitt seeks reimbursement for "attorneys' fees and other expenses" that he incurred in various Patent Office proceedings. The Equal Access to Justice Act entitles him to reimbursement only if he incurred those "fees and ... expenses" in "an adversary adjudication." 5 U.S.C. § 504(a)(1). The district court held against Howitt because it believed that the proceedings in question were not "adversary" and that, regardless, Howitt did...

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