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LEEDS v. COMMISSIONER OF PATENTS AND TRADEMARKS

No. 90-5298.

955 F.2d 757 (1992)

Jackson LEEDS, Appellant, v. COMMISSIONER OF PATENTS AND TRADEMARKS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided February 14, 1992.

Attorney(s) appearing for the Case

Jackson Leeds, pro se.

John W. Behringer, Washington, D.C., (appointed by the Court)* for amicus curiae, urging that the Patent and Trademark Office be ordered to either produce an index that will provide the public with satisfactory and meaningful access to Rule 109 Statements, or gather together and produce the actual documents responsive to appellant's request.

Fred E. Haynes, Asst. U.S. Atty., Dept. of Justice, with whom Jay B. Stephens, U.S. Atty., John D. Bates, R. Craig Lawrence and Michael J. Ryan, Asst. U.S. Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellee. Nathan Dodell, Special Asst. U.S. Atty., Dept. of Justice, Washington, D.C., also entered an appearance for appellee.

Before WALD, SILBERMAN and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Jackson Leeds seeks access under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, to statements of "Reasons for Allowance" of patent claims prepared pursuant to § 1.109 of the Patent and Trademark Office's ("PTO") regulations.1 The Commissioner of the PTO responded to Leeds' request by stating that all statements of reasons for allowance,...

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