Shila Morganroth v. Donald J. Quigg, Honorable, Commissioner of Patents and Trademarks

FRIEDMAN, Circuit Judge.

The question in this case, here on appeal from the United States District Court for the District of Columbia, is whether the Commissioner of Patents and Trademarks correctly held that he had no jurisdiction under 35 U.S.C. § 41(a)(7) (1982) to revive as unintentionally abandoned a patent application. The alleged unintentional abandonment was the applicant's failure to appeal the district court’s earlier decision affirming a prior decision of the Patent and Trademark Office that refused to issue a patent because the claimed subject matter would have been obvious under…