HYATT v. DOLL

No. 2007-1066.

576 F.3d 1246 (2009)

Gilbert P. HYATT, Plaintiff-Appellant, v. John J. DOLL, Acting Director, Patent and Trademark Office, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 11, 2009.


Attorney(s) appearing for the Case

Kenneth C. Bass, III, Sterne, Kessler, Goldstein & Fox P.L.L.C., of Washington, DC, argued for plaintiff-appellant. On the brief were Wilma A. Lewis and Michael I. Coe, Crowell & Moring LLP, of Washington, DC. Of counsel on the brief was Gregory L. Roth, Law Offices of Gregory L. Roth, of La Palma, CA. Of counsel was Michael L. Martinez, Crowell & Moring LLP, of Washington, DC, and J. Robert Chambers, Wood Herron & Evans, LLP, of Cincinnati, OH.

William G. Jenks, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for defendant-appellee. With him on the brief was Robert J. McManus, Associate Solicitor. Of counsel was Raymond T. Chen, Acting Solicitor, and Thomas W. Krause, Associate Solicitor.

Opinion for the court filed by Chief Judge MICHEL. Dissenting opinion filed by Circuit Judge MOORE.


MICHEL, Chief Judge.

Plaintiff-Appellant Gilbert P. Hyatt appeals from the grant of summary judgment in favor of Jon Dudas, in his official capacity as the Director of the United States Patent and Trademark Office ("PTO"),1 sustaining the decision of the Board of Patent Appeals and Interferences ("Board") to uphold the examiner's rejection of 79 of the 117 claims of Hyatt's U.S. Patent Application...

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