PTO Rule 78 Held Invalid in Federal Circuit

The Federal Circuit held on March 20, the U.S. Patent and Trademark Office rule 78 dealing with the availability of continuation applications for patents is invalid because it was adopted outside the PTO's rulemaking authority.  Tafas v. Doll, Fed. Cir., No. 2008-1352, 3/20/09.  Read more on U.S. Law Week (77 U.S.L.W. 1586).

http://0-news.bna.com.cardcatalog.piercelaw.edu/lwln/