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Appellant Petitions Commissioner for New Hearing, Claims PTO Argument Was Inaudible and Unintelligible

Well here's another document for your form file: a Petition to the Commissioner for a do-over of the oral argument in an ex parte appeal. Counsel for Applicants Diane M. and Richard G. Hyatt appeared on May 21, 2008, for the oral argument in their appeal from a Section 2(d) refusal to register. In re Hyatt, Serial No. 76611740. One week later, counsel filed a Petition to the Commissioner requesting a new hearing, alleging that "[t]he entirety of the oral argument presented by the Examining Attorney was inaudible and unintelligible."Applicants contend that they were denied their constitutional right to due process. Applicants' counsel, at the end of the PTO's argument, informed the Board that the Examining Attorney's presentation was "inaudible and unintelligible and, in point of fact, could not be heard or understood...continue to full post

Full post as published by The TTABlog on July 28, 2008 (boomark / email).