Weil v. Weissman
Opinion of the Court
ORDER
Eberhard Weil responds to this court’s order to show cause why his appeal should not be dismissed because it was not from a final order. :
The order of the Board of Patent Appeals and Interferences on review reversed and remanded the case to the Administrative Patent Judge for “redeclaration and other action! consistent with this opinion.” Weil acknowledges that “the interference will begin anew” after remand, but nevertheless ’ argues that his appeal should not be dismissed because the Board’s order was final with respect to one issue in the case. Weil also argues that dismissal is unwarranted because the order on review stated that it was a “final decision under 37 C.F.R. 1.658.”
The Board’s remand order is not a final decision for purposes of judicial review. See Copelands’ Enterprises, Inc. v. CNV, Inc., 887 F.2d 1065, 1067-68 (Fed.Cir. 1989) (en banc) (appellate reviejw premised on
Accordingly,
IT IS ORDERED THAT:
(1) The appeal is dismissed.
(2) Each party shall bear its own costs.
Reference
- Full Case Name
- Eberhard WEIL v. Bernard WEISSMAN
- Status
- Published