Jerold B. Smith and the Cardinal Corporation v. Gerald J. Mossinghoff, Commissioner of Patents and Trademarks

MILLER, Judge:

This appeal is from the order and judgment of the district court granting motion of defendant-government (“Commissioner”) to dismiss a mandamus action of plaintiffs-appellants (“Smith”) to require the United States Patent and Trademark Office (“PTO”) to revive an abandoned application for a patent and to issue a patent thereon. 1 Abandonment was finally determined by a decision of the Deputy Assistant Commissioner of the PTO dated September 17, 1979, responding to a renewed petition un der 37 CFR 1.137 2 to revive the application. We affirm.

The basis of the PTO’s determination…