Hyman A. Michlin

• Decision Date: 16 April 1962
• Docket Number: B-148379
• Parties: MR. HYMAN A. MICHLIN:
• Court: Comptroller General of the United States

MR. HYMAN A. MICHLIN:

No. B-148379

Comptroller General of the United States

April 16, 1962

We refer to your letters of January 5 and February 15, 1962, requesting our further consideration of the special service charge which in December 1960 was entered on your deposit account with the United States patent office, and resulted in your account being overdrawn in the amount of $31.20.

In connection with a patent office proceeding in which you were a party, you ordered a copy of the file wrapper, contents and drawings of the patent application of the other party to the proceeding. You concluded your order with---

"Kindly make this order special, as it is needed in the prosecution of the interference. The cost of the copy is to be charged to the account of the undersigned.'

It is noted the clause, "kindly make this order special, " unlike the rest of your letter, is capitalized throughout. The capitalization was apparently for the purpose of inviting attention and emphasizing your request to make your order "special.'

Your request was one for special consideration, and in the context in which it was made--- a proceeding calling for a response within a given time--- the request would appear to be meaningful only as a request for early service, or service ahead of regular order. The fact that an extention of time could have been obtained does not negate the apparent purpose of your request.

The special handling by the patent office of your order was in keeping of your request. Furthermore, you are chargeable with knowledge of that office's published rules regarding service fees, for the payment of which you maintained a deposit account. 37 C.F.R. 1.21. Consequently, there appears no basis, taking into consideration the various matters you have presented, for relieving you of the special service charge.

Your check in the amount of the outstanding balance, $31.20, should be forwarded here without further delay.