BLACKLIGHT POWER, INC. v. ROGAN

No. 00-1530.

295 F.3d 1269 (2002)

BLACKLIGHT POWER, INC., Plaintiff-Appellant, v. James E. ROGAN, Director, Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED: June 28, 2002.


Attorney(s) appearing for the Case

Donald R. Dunner, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for plaintiff-appellant. With him on the brief was J. Michael Jakes. Of counsel on the brief were Michael H. Selter, and Jeffrey S. Melcher, Manelli, Denison & Selter, PLLC, of Washington, DC. Also of counsel on the brief was Jeffrey A. Simenauer, of Washington, DC.

John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendant-appellee. With him on the brief were Marshall S. Honeyman, and Stephen Walsh. Of counsel was Henry G. Sawtelle, Attorney, Office of the Solicitor.

Before NEWMAN, CLEVENGER, and SCHALL, Circuit Judges.


PAULINE NEWMAN, Circuit Judge.

The question on appeal is whether the Director of the Patent and Trademark Office had the authority summarily to withdraw BlackLight's patent application from issue, following Notice of Allowance, payment of the issue fee and notification of the issue date, and with publication of the drawing and claim in the Official Gazette. We conclude that such withdrawal was within the scope of the Director's authority and responsibility for performing...

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