The plaintiffs and the government in the litigation challenging the PTO continuation and claim rules have jointly asked the Federal Circuit for a stay of en banc proceedings until 60 days after David Kappos is confirmed as the new PTO Director. Tafas v. Doll, Fed. Cir., No. 2008-1352, motion filed 7/24/09.
In the “Joint Consent Motion For A Stay of En Banc Proceedings,” the parties noted the June 18, 2009 nomination of Kappos to be PTO Director and the July 29, 2009 confirmation hearing set by the Senate Judicary Committee. The motion states:
A stay of proceedings before the en banc court is requested to give the new Director, if confirmed, an opportunity to examine the rules at issue in this case and determine what course the USPTO should take in the future with respect to those rules, including whether to rescind the rules. Depending on how the Director decides to proceed, the legal issues currently before the en banc Court may be significantly altered or may even be rendered moot, making it unnecessary for the Court to take further action.
To read the joint motion for the stay, click here.