Pierce Law Faculty Scholarship Series

Document Type

Article

Abstract

In 1986, Deputy Commissioner Peterson stated: 'As in the case of unpublished opinions of the U.S. Court of Appeals for the Federal Circuit… unpublished opinions of the Patent and Trademark Office may not be cited as precedent, except in support of a claim of res judicata, collateral estoppel, or law of the case. This opinion will be published in order to make the Commissioner's practice known.' (emphasis added.) Nevertheless, he went on to quote an earlier unpublished decision in order to inform the public of an exception to the published rule.

Date of Authorship for this Version

January 1992

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