Request Rehearing! (Take Two) (PDF)
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37 CFR 41.125(c)(5) says that a party has a right to request a panel rehearing of "a decision [that] is not a panel decision," not that, it will forfeit its right to seek judicial review of the decision! If the authors of 37 CFR 41.125 (who no doubt included Judge McKelvey) had intended 37 CFR 41.125(c)(5) to impose that result, they could have said so in the draft rule.
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.
John F. Presper is a Senior Associate in Oblon, Spivak, McClelland, Maier & Neustadt, LLP; Alexandria, Virginia. My direct dial telephone number is 703/412-3536, and my email address is email@example.com.
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