RAY v. LEHMAN

No. 94-1236.

55 F.3d 606 (1995)

Ralph D. RAY, Plaintiff-Appellant, v. Bruce LEHMAN, Commissioner of Patents and Trademarks, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

May 17, 1995.


Attorney(s) appearing for the Case

Charles E. Bruzga, New York City, argued, for plaintiff-appellant.

Richard Torczon, Asst. Sol., Office of the Solicitor, of Arlington, VA, argued, for defendant-appellee. With him on the brief was Albin F. Drost. Nancy J. Linck, Sol., Office of the Sol., Arlington, VA, represented defendant-appellee.

Before RICH, PLAGER, and LOURIE, Circuit Judges.


RICH, Circuit Judge.

Ralph D. Ray (Ray) appeals the January 25, 1994 decision of the United States District Court for the District of Columbia granting the Patent and Trademark Office (PTO) Commissioner's motion for summary judgment affirming the PTO's denial of Ray's petition to reinstate his patent for failure to pay a maintenance fee. We affirm.

I. Background

Ray, with the assistance of a patent agent, Tom Sherrard (Sherrard), filed a patent...

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