In re Zurko

 
APPEAL NO.
96-1258
OP. BELOW
PATO
SUBJECT
Patent
AUTHOR
Mayer

Question(s) Presented

“Should this court review Patent and Trademark Office fact-findings under the Administrative Procedure Act standard of review instead of the presently applied ‘clearly erroneous’ standard?”

Holding

“We believe section 559 of the Administrative Procedure Act permits, and stare decisis warrants, our continued application of the clearly erroneous standard in our review of these fact-findings.”