Is the Federal Circuit a Paper Tiger?
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For years now, the Federal Circuit has been telling the Administrative Patent Judges that they should decide every patentability and priority motion that is "fairly raised and fully developed during-[an] interference." Throughout those years, the APJs have been assiduously ignoring the Federal Circuit's admonitions. It is the thesis of this article that the Federal Circuit should either enforce its admonitions or stop making them.
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.
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