Legal Opinion
Harold T. Klein v. The Commissioner of Patents of the United States
Court of Appeals for the Fourth Circuit
Decided February 6, 1973No. 72-1437PublishedCited by 14 opinions
1Opinion of the Court
WIDENER, Circuit Judge:
The issue decided in this patent case is whether the denial of a motion to dissolve the declaration of an interference by the Patent Office, pursuant to 35 U.S.C. § 135(a), constitutes final agency action reviewable by federal courts under the Administrative Procedure Act, 5 U.S.C. § 704.
The district court granted the motion of the appellee, Commissioner of Patents, to dismiss the complaint for lack of subject matter jurisdiction and for failure to join an indispensable party. Appellants, Klein, Poage, and Robbins and Associates, Inc., appeal.
On June 4, 1968, Poage…
2Cases cited8 opinions
- McKart v. United StatesSupreme Court of the United States · 1969
- Aircraft & Diesel Equipment Corp. v. HirschSupreme Court of the United States · 1947
- Acf Industries, Incorporated v. The Honorable Ernest Guinn, United States District JudgeCourt of Appeals for the Fifth Circuit · 1967
- Goodrich-Gulf Chemicals, Inc. v. Phillips Petroleum CompanyCourt of Appeals for the Sixth Circuit · 1967
- Samuel P. McCutchen Jr., and Jack E. Eskilson v. Francis A. OliverCourt of Customs and Patent Appeals · 1966
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3Cited by14 opinions
- Lawrence Cabais v. Roscoe Egger, Commissioner of the Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 1982
- Save the Courthouse Committee v. LynnDistrict Court, S.D. New York · 1975
- Environmental Defense Fund v. TidwellDistrict Court, E.D. North Carolina · 1992
- Duffy v. TegtmeyerCourt of Customs and Patent Appeals · 1974
- Godtfredsen v. BannerDistrict Court, District of Columbia · 1980
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