To those unfamiliar with the long, often bitter, struggle over equally compelling needs to provide, on the one hand, innovators with an adequate opportunity to recoup risk capital and to avoid, on the other, erecting unwarranted barriers to competition, a dispute over the proper scope of review for Patent and Trademark Office (PTO) patent appeals will seem both trivial and arcane. This case involves more than semantics -- its resolution turns on the allocation of power among three, and arguably four, branches of government. This Court, itself, has a stake.

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PDF created from the author's home page on the Pierce Law Center website. Includes the notice: "Copyright 1997-98 Franklin Pierce Law Center. All rights reserved."

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This brief was also made available as Paper 17 in the Pierce Law Faculty Scholarship Series by NELLCO (nellco.org).