U.S. Court of Appeals for the Federal Circuit, 2004

In re O'Brien

U.S. Court of Appeals for the Federal Circuit · Decided July 26, 2004

107 F. App'x 201

Opinion of the Court

ORDER

Upon consideration of the John O’Brien et al.’s unopposed motion to voluntarily dismiss * this appeal,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.

In his "motion for voluntary dismissal,” in addition to seeking dismissal, O'Brien asks this court "to remand to the Patent and Trademark Office.” The court cannot both dismiss and remand an appeal.

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