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HYATT v. U.S. PATENT AND TRADEMARK OFFICE

2021-2324.

48 F.4th 1347 (2022)

Gilbert P. HYATT, Plaintiff-Appellant v. UNITED STATES PATENT AND TRADEMARK OFFICE, Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: September 8, 2022.

Attorney(s) appearing for the Case

Andrew M. Grossman , Baker & Hostetler LLP, Washington, DC, argued for plaintiff-appellant. Also represented by Mark W. DeLaquil .

Peter John Sawert , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for defendants-appellees. Also represented by Thomas W. Krause , Robert McBride , Amy J. Nelson , Farheena Yasmeen Rasheed ; Jessica D. Aber , Office of the United States Attorney for the Eastern District of Virginia, United States Department of Justice, Alexandria, VA.

Before MOORE, Chief Judge, PROST and HUGHES, Circuit Judges.

Following decades of patent-related litigation, patent applicant Gilbert P. Hyatt submitted significant claim amendments for his U.S. Patent Application No. 08/435,938 ("the '938 application") in August 2015. A Patent and Trademark Office ("PTO") examiner then issued a restriction requirement for seven of eight claims that...

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