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ALBERTS v. KAPPOS

Civil Action No. 10-1727 (JEB).

917 F.Supp.2d 94 (2013)

Audrey M. ALBERTS, Plaintiff, v. Hon. David J. KAPPOS, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Defendant.

United States District Court, District of Columbia.

January 18, 2013.

Attorney(s) appearing for the Case

Harold Lewis Novick , Novick Kim & Lee, PLLC, Vienna, VA, Wesley W. Monroe , Pasadena, CA, for Plaintiff.

Fred Elmore Haynes , U.S. Attorney's Office, Washington, DC, for Defendant.

MEMORANDUM OPINION

JAMES E. BOASBERG, District Judge.

Plaintiff Audrey M. Alberts filed a patent application at the U.S. Patent and Trademark Office for the invention of a carpet-tile area rug, but the PTO rejected a number of her claims as obvious. After exhausting the PTO's administrative-appeal process, Plaintiff brought this civil action under 35 U.S.C. § 145, seeking a judgment that she is entitled to a patent on the rejected claims. The...

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