This morning the Federal Circuit released four nonprecedential opinions and one nonprecedential order. Of the nonprecedential opinions, two come in veterans cases, one comes in a case on appeal from the Merit Systems Protection Board, and one comes in a patent case on appeal from the Patent Trial and Appeal Board. The lone nonprecedential order dismisses an appeal. Here are the introductions to the opinions and a link to the order.
Harris v. Merit Systems Protection Board (Nonprecedential)
Isom W. Harris, IV petitions for review of the Merit Systems Protection Board (“Board”)’s order dismissing his appeal as untimely. We vacate and remand to the Board for further proceedings consistent with this opinion.
In re McLeay (Nonprecedential)
Matthew McLeay appeals from a decision of the United States Patent Trial and Appeal Board (the “Board”). The Board affirmed an Examiner’s rejection of claims 20–24 of U.S. Patent Application No. 17/231,735 (the “Application”) as unpatentable for lack of enablement under 35 U.S.C. § 112(a). For the reasons provided below, we affirm.
Rickel v. United States (Nonprecedential)
Quin A. Rickel appeals from the final decision of the United States Court of Federal Claims (“Claims Court”) dismissing the first of his claims as barred by 28 U.S.C. § 2501, which limits the Claims Court’s jurisdiction to claims filed within six years after the claim accrues, and granting the government’s motion for judgment on the administrative record on his second claim. See Transcript of Oral Argument at 74, Rickel v. United States, No. 22-341C (Fed. Cl. Aug. 8, 2023) (“Transcript”). Mr. Rickel timely appeals the final judgment of the Claims Court, and we have jurisdiction over his appeal pursuant to 28 U.S.C. § 1295(a)(3). For the reasons set forth below, we affirm the final decision.
Williams v. Collins (Nonprecedential)
Mrs. Wanda Williams (“Mrs. Williams”), on behalf of her deceased husband, Mr. Thomas Williams (“Mr. Williams”), seeks review of the final decision of the United States Court of Appeals for Veterans Claims (“Veterans Court”), which upheld the findings of the Board of Veterans’ Appeals (the “Board”) rejecting Mr. Williams’s allegations of clear and unmistakable error (“CUE”) in his case. Williams v. McDonough, No. 22-1754 (Vet. App. Aug. 24, 2023). For the reasons set forth below, we affirm the Veterans Court’s final decision.