In re Zurko isolated one of the oldest U.S. agencies from mainstream administrative law because the Federal Circuit has chosen to review the U.S.Patent and Trademark Office more as it would a federal district court. The case is important, if only because the Supreme Court rarely treats the PTO as an agency. Also, regardless of whether the issue or the Federal Circuit itself is the primary target, the decision could have a major effect on the type of case most commonly encountered by that court.
The National Law Journal
Thomas G. Field, Jr,, "Zurko Raises Issues of Patentability Standards," Nat'l L.J, February 8, 1999 at C2.
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