A Possible Solution to the Interregnum Problem (PDF)
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I previously concluded that Congress had created an interregnum. Decisions of the board declared both before and after the interregnum will be subject to court review, but decisions of the board in interferences declared during the interregnum will not. However, now we examine a contrary view for why the decisions of the board in interferences declared during the interregnum might be reviewable under either 35 USC 141 or 35 USC 146 after all.
Charles L. Gholz is a Partner in Oblon, Spivak, McClelland, Maier & Neustadt, LLP; Alexandria, Virginia. His direct dial telephone number is 703/412-6485, and his email address is firstname.lastname@example.org.
Lisa M. Mandrusiak is an Associate in Oblon, Spivak, McClelland, Maier & Neustadt, LLP; Alexandria, Virginia. Her direct dial telephone number is 703/412-6492, and her email address is email@example.com.
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