Narrative Opinion Summary
The case involves an appeal by an individual seeking to revive a patent application for a 'Uniquely-Corrected System and Method to Compute High Power Functions' after the Board of Patent and Trademark Appeals upheld the rejection of his claim, which was affirmed by the court in a prior decision. The Patent and Trademark Office declared the application abandoned in 2004, and a subsequent petition to revive the application was denied by the Commissioner for Patents in 2005. The appellant challenged this denial in 2006. However, the Director of the USPTO moved to dismiss the appeal, asserting the Federal Circuit lacked jurisdiction. The court agreed, referencing Morganroth v. Quigg, which specifies such denials are reviewable in district court under the Administrative Procedure Act, not the Federal Circuit. The appellant did not contest the jurisdictional issue, focusing instead on the merits of the case. The court waived the procedural requirements and dismissed the appeal, with each party bearing its own costs, underscoring the jurisdictional limitations of the Federal Circuit in reviewing certain patent-related decisions.
Legal Issues Addressed
Jurisdiction of Federal Circuit Court of Appealssubscribe to see similar legal issues
Application: The court determined it lacks jurisdiction to hear appeals concerning the denial of a petition to revive a patent application, which must be reviewed in district court.
Reasoning: The Director contended that the court lacks jurisdiction over this appeal, a position the court supported, citing Morganroth v. Quigg, 885 F.2d 843, 846 (Fed. Cir. 1989), which states that such denials are reviewable only in district court under the Administrative Procedure Act, 5 U.S.C. 701 et seq.
Procedural Requirements under Federal Circuit Rulessubscribe to see similar legal issues
Application: The court granted the motion to waive procedural requirements under Fed. Cir. R. 27(f) to expedite the dismissal of the appeal for lack of jurisdiction.
Reasoning: The Director of the United States Patent and Trademark Office filed a motion to waive Fed. Cir. R. 27(f) and to dismiss Po Kee Wong’s appeal for lack of jurisdiction.