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IN RE ZURKO

No. 96-1258.

116 F.3d 874 (1997)

In re Mary E. ZURKO, Thomas A. Casey, Jr., Morrie Gasser, Judith S. Hall, Clifford E. Kahn, Andrew H. Mason, Paul D. Sawyer, Leslie R. Kendall, and Steven B. Lipner.

United States Court of Appeals, Federal Circuit.

July 3, 1997.

Attorney(s) appearing for the Case

A. Sidney Johnston, Corporate Law Department, Digital Equipment Corporation, Maynard, Massachusetts, filed Appellants' Opposition to Corrected Petition for Rehearing and Suggestion for Rehearing In Banc by Appellee. With him on the opposition was Ronald C. Hudgens. Also on the opposition was Janice M. Mueller, Assistant Professor of Law, Suffolk University Law School, Boston, Massachusetts and John F. Sweeney, Israel Blum and Michael O. Cummings, Morgan & Finnegan, L.L.P., of New York City.

Nancy J. Linck, Solicitor, Albin F. Drost, Deputy Solicitor, Karen A. Buchanan, Kenneth R. Corsello, Associate Solicitors, Office of the Solicitor, of Arlington, Virginia, filed Corrected Petition for Rehearing and Suggestion for Rehearing In Banc, for Appellee.

ORDER

ARCHER, Chief Judge.

The Commissioner of the U.S. Patent and Trademark Office has petitioned this court to rehear this case in banc. We hereby grant the Commissioner's petition and order the parties to file additional briefs directed to the following question:

Should this court review Patent and Trademark Office fact-findings under the Administrative Procedure Act standard of review instead of the presently applied "clearly erroneous...

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