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Another "appointments" challenge to BPAI judges

By Lawrence B. Ebert, Esq.

The 271 Blog notes that the "appointments defect" issue has been raised in the case Aldor Solutions Corp. v. Dudas, (1:08cv897), U.S. District Court for the District of Columbia:

The judges who sit on the Board qualify as "inferior officers" under the appointments clause of the United States Constitution. The appointments clause of the United States Constitution requires that inferior officers be appointed either by the President of the United States, the courts of law or heads of departments. The PTO director is not a head of a department within the meaning of the appointments clause.

In passing, application 09/694,095 does not appear to have been published ["On-line System For Memorial, Legacy, Funeral and Remembrance Arrangements, Services and Transactions."] HOWEVER, within published ap 20020103723 (09/888345) one has:

An "online product," as used herein, is any online good or service, such as informational services, services to find a particular web site or piece of information, goods available online, or the like. In one embodiment, the online product comprises an online product related to the funeral industry, for example, a product that enables a user to provide an online living memorial for a friend or relative, such as described in PCT Publication No. WO 01/29736 A2, entitled "On-Line System For Memorial, Legacy, Funeral And Remembrance Arrangements, Services And Transactions," which is herein incorporated by reference in its entirety and U.S. application Ser. No. 09/694,095, entitled "On-Line System For Memorial, Legacy, Funeral And Remembrance Arrangements, Services And Transactions," which is herein incorporated by reference in its entirety.

The '345 ap states: This application claims priority from U.S. Provisional Patent Application No. 60/264,970, to Platner, et al., entitled "Certificate for Online Goods or Services," filed Jan. 29, 2001, which is incorporated herein by reference in its entirety.

See also

More on Translogic and Duffy

Full post as published by IPBiz on June 05, 2008 (boomark / email).