Gager v. Ladd, Civ. A. No. 732-62.

CourtUnited States District Courts. United States District Court (Columbia)
Writing for the CourtJohn C. Gager, plaintiff pro se, Washington, D. C
Citation136 USPQ 627,212 F. Supp. 671
PartiesJohn C. GAGER, Plaintiff, v. David L. LADD, Commissioner of Patents, Defendants.
Docket NumberCiv. A. No. 732-62.
Decision Date15 January 1963

212 F. Supp. 671
136 USPQ 627

John C. GAGER, Plaintiff,
v.
David L. LADD, Commissioner of Patents, Defendants.

Civ. A. No. 732-62.

United States District Court D. Columbia.

January 15, 1963.


John C. Gager, plaintiff pro se, Washington, D. C.

Raymond E. Martin, Washington D. C. Attorney for Commissioner of Patents, U. S. Department of Commerce, for defendants.

JACKSON, District Judge.

This is an action brought by plaintiff in proper person for a mandatory injunction to compel the defendant, Commissioner of Patents, to admit the plaintiff to the next regularly scheduled examination for admission to practice before the United States Patent Office, and furthermore, that plaintiff be admitted to an examination of no greater complexity or no greater degree of difficulty than those heretofore given. Jurisdiction is based upon 35 U.S.C. § 32, and

212 F. Supp. 672
Local Civil Rule 95. The facts are not in dispute. During the past several years the plaintiff properly applied for admission to an examination for registration to practice. On each such occasion defendant or his predecessor denied the application. Plaintiff's last application was made on January 2, 1962. The last examination was given on February 5, 1962. Defendant disapproved that application, and plaintiff was notified as follows
"Your application to take the examination of February 5, 1962, is disapproved. Again you do not satisfactorily show that you have had basic training in scientific and technical matters such as to constitute the equivalent of a degree in engineering or physical science, as required by Rule 341(c) and the marked paragraph of the enclosed circular." (The enclosed circular refers to the circular hereinafter described).

On January 19, 1962, plaintiff addressed a letter to the Secretary of Commerce, inquiring whether plaintiff had exhausted the administrative remedy "in his efforts to have the requirements of Rule 341(c) properly applied." The Secretary of Commerce referred that letter to the Commissioner of Patents who stated in a letter of January 24, 1962 that plaintiff was entitled to credit for the equivalent of one year of college training leading to a degree in engineering on the basis of his training at the United States Merchant Marine Academy. Although the application form set forth six years experience in patent and trademark work, the Commissioner was not willing to grant credit for that practical experience because the description as indicated on the form "does not suggest that it was devoted primarily to the preparation and prosecution of applications for patent." The Commissioner concluded that plaintiff's application had not shown that he had the required training in science and technical matter, and denied the application.

In a letter dated February 2, 1962, plaintiff protested the Commissioner's denial of his application, and inquired whether the letter from the Commissioner of Patents of January 24, 1962, constituted a final administrative determination. The First Assistant Commissioner answered this inquiry in the affirmative on February 16, 1962. The Complaint alleges that the defendant abused his discretion under Rule 341(c) of the Rules of Practice of the Patent Office in refusing to admit plaintiff to an examination. Plaintiff now seeks review here of the action of the Patent Office.

Local Civil Rule 95 of the United States District Court for the District of Columbia, provides for the review of the action of the Commissioner of Patents in refusing a person recognition to practice before the Patent Office. This rule provides, inter alia, that prior to the time for hearing, the petitioner shall...

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6 practice notes
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • 12 Diciembre 2003
    ...practitioners before the Patent [and Trademark] Office rests with the Commissioner of Patents [and Trademarks].'' Gager v. Ladd, 212 F.Supp. 671, 673, 136 USPQ 627, 628 (D.D.C. 1963), (quoting with approval Cupples v. Marzall, 101 F.Supp. 579, 583, 92 USPQ 169, 172 (D.D.C. 1952), aff'd, 204......
  • Part II
    • United States
    • Federal Register December 12, 2003
    • 12 Diciembre 2003
    ...practitioners before the Patent [and Trademark] Office rests with the Commissioner of Patents [and Trademarks].'' Gager v. Ladd, 212 F.Supp. 671, 673, 136 USPQ 627, 628 (D.D.C. 1963), (quoting with approval Cupples v. Marzall, 101 F.Supp. 579, 583, 92 USPQ 169, 172 (D.D.C. 1952), aff'd, 204......
  • Hsuan-Yeh Chang v. Kappos, Civil Action No. 11–1129(ABJ).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 13 Septiembre 2012
    ...F.Supp. 504, 507 (D.D.C.1994). An agency abuses its discretion if its decision is arbitrary and capricious. Id., citing Gager v. Ladd, 212 F.Supp. 671, 673 (D.D.C.1963). This occurs if a “decision is based on an erroneous interpretation of law, on factual findings that are not supported by ......
  • Hsuan-Yeh Chang v. Kappos, Civil Action No. 11-1129 (ABJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 13 Septiembre 2012
    ...F. Supp. 504, 507 (D.D.C. 1994). An agency abuses its discretion if its decision is arbitrary and capricious. Id., citing Gager v. Ladd, 212 F. Supp. 671, 673 (D.D.C. 1963). This occurs if a "decision is based on an erroneous interpretation of law, on factual findings that are not supp......
  • Request a trial to view additional results
4 cases
  • Hsuan-Yeh Chang v. Kappos, Civil Action No. 11–1129(ABJ).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 13 Septiembre 2012
    ...F.Supp. 504, 507 (D.D.C.1994). An agency abuses its discretion if its decision is arbitrary and capricious. Id., citing Gager v. Ladd, 212 F.Supp. 671, 673 (D.D.C.1963). This occurs if a “decision is based on an erroneous interpretation of law, on factual findings that are not supported by ......
  • Hsuan-Yeh Chang v. Kappos, Civil Action No. 11-1129 (ABJ)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 13 Septiembre 2012
    ...F. Supp. 504, 507 (D.D.C. 1994). An agency abuses its discretion if its decision is arbitrary and capricious. Id., citing Gager v. Ladd, 212 F. Supp. 671, 673 (D.D.C. 1963). This occurs if a "decision is based on an erroneous interpretation of law, on factual findings that are not supported......
  • Maresca v. COM'R OF PATENTS AND TRADEMARKS, Civ. A. No. 93-0226.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 23 Diciembre 1994
    ...application. The Court may find an abuse of discretion if the Commissioner's decision was arbitrary and capricious. Gager v. Ladd, 212 F.Supp. 671, 673 Under 35 U.S.C. § 32, the sole basis for the Court's review is the record and proceedings before the PTO, see Local Rule 213, and the Court......
  • Premysler v. Lehman, No. 95-1219
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 1 Diciembre 1995
    ...qualifications only if it finds that the Commissioner abused his discretion in denying a petitioner's application. Gager v. Ladd, 212 F.Supp. 671, 673 Under 35 U.S.C. Sec. 31, the Commissioner has the discretionary authority to regulate the practice of patent agents before the PTO. Under th......

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