Congress enacted the Administrative Procedure Act (APA) in 1946 as a comprehensive statute to regulate the field of federal administrative law. In holding that the PTO Board of Patent Appeals and Interferences is not subject to the standards of judicial review set forth in the APA, the [Zurko] decision isolates patent law from the rest of administrative law and undermines the APA’s goal of achieving consistency and uniformity in federal administrative law.
Field, Thomas G. Jr.; Duffy, John F.; and Nard, Craig Allen, "Brief Amici Curiae of Intellectual Property Professors in Support of Petitoner" (1998). Law Faculty Scholarship. 403.