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HARLEY v. LEHMAN

Civil Action No. 96-2472(JR).

981 F.Supp. 9 (1997)

Richard J. HARLEY and RJH and Company, Inc. Plaintiffs, v. Bruce LEHMAN, Commissioner of Patents and Trademarks, Defendants.

United States District Court, District of Columbia.

October 14, 1997.

Attorney(s) appearing for the Case

Thomas W. Cole, Sixbey, Friedman, Leedom & Ferguson, McLean, VA, Leonard E. Birdsong, Chavers & Birdsong, P.C., Washington, DC, for Plaintiffs.

Nancy J. Linck, Sol., Albin F. Drost, Deputy Sol., Kenneth R. Corsello, Kevin G. Baer, Arlington, VA, Fred E. Haynes, Asst. U.S. Atty., Washington, DC, for Defendant.

MEMORANDUM

ROBERTSON, District Judge.

Plaintiff's application for a patent was approved by the Patent & Trademark Office ("PTO"), but "withdrawn from issue." In this action, plaintiff complains that the PTO's withdrawal action was unlawful and that the regulations under which the PTO acted are contrary to the governing statute. Plaintiff also appeals the final action of the PTO's Board of Appeals on the merits of his patent application. Now before...

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