IN RE COMISKEY

No. 2006-1286. Serial No. 09/461,742.

554 F.3d 967 (2009)

In re Stephen W. COMISKEY.

United States Court of Appeals, Federal Circuit.

Decided: January 13, 2009.


Attorney(s) appearing for the Case

Thomas J. Scott, Jr., Goodwin Procter LLP, of Washington, DC, argued for appellant. With him on the brief was Robert L. Kinder, Jr., Dickstein Shapiro LLP, of Washington, DC. Of counsel was Yisun Song, Hunton & Williams LLP, of Washington, DC.

Raymond T. Chen, Associate Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With him on the brief was Thomas W. Krause, Associate Solicitor.

Before MICHEL, Chief Judge, DYK and PROST, Circuit Judges.


DYK, Circuit Judge.

Acting en banc, the court today vacated the September 20, 2007, judgment in this case, and the panel's original opinion, which is reported at 499 F.3d 1365 (Fed. Cir.2007), was withdrawn. The en banc court reassigned the opinion to the panel for revision. The panel's original opinion is revised as follows:

Appellant Stephen W. Comiskey ("Comiskey") appeals the decision of the Board of Patent...

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