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Legislative Process Keyed to Bressman, 4th Ed.
Dickinson v. Zurko
Citation:
527 U.S. 150 (1999)Facts
Mary Zurko and other respondents applied for a patent on a method for increasing computer security. The PTO patent examiner denied the application, concluding that the method was obvious in light of prior art. The Board of Patent Appeals and Interferences upheld the examiner’s decision. Respondents sought review in the Federal Circuit, where a panel treated the question of what the prior art teaches as a factual issue and reversed the PTO’s finding as “clearly erroneous.” The Federal Circuit then heard the case en banc to resolve the appropriate standard of review and unanimously concluded that the stricter “clearly erroneous” standard traditionally applied to court review of factual findings by the PTO, rather than the more deferential APA standards. The Commissioner of Patents argued that the APA’s standards should apply, as they do to other agencies. The case thus presented a fundamental question about the relationship between specialized patent law review standards and the uniform standards established by the APA.
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