USPTO files notice of appeal in claim and continuation rules caseMay 7, 2008

As expected, this morning the USPTO filed a notice of appeal to the Federal Circuit in the lawsuit challenging its new claim and continuation rules. The USPTO will seek reversal of the district court's order finding the new rules exceeded the USPTO's rulemaking authority.

We'll continue to monitor the case as it proceeds through briefing and oral argument before the Federal Circuit. Expect a similar flood of amicus submissions at the Federal Circuit. It will be interesting to see if the court permits any amici to participate in oral argument, such as in the Bilski case tomorrow.

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