Appeal No. 2006-0132
Application No. 09/946,627
acknowledged by the appellants (the Reply Brief, page 4 and the
Brief, page 11), however, these regulations and practice do not
preclude a significant segment of the interested public, e.g.,
defense industries, from obtaining copies of the Wanthal document
or accessing the information therein. See also the Response to
Remand dated October 12, 2005, pages 1-2. Even assuming Wanthal,
for example, contains “information pertaining to classified
contracts or programs,” it can still be distributed to a
significant segment of the interested public after satisfying
particular conditions for approval by the Directorate for
Security Review, Office of the Assistant Secretary of Defense
(Public Affairs).4 See Alcon Laboratories, Inc. v. Bausch &
Lomb, Inc., 52 USPQ2d 1927, 1931 (N.D. Tex. 1999)(“'[T]he issue
[is] whether interested members of the relevant public could
obtain the information if they wanted to.'”)(quoting Constant v.
Advanced Micro-Devices, Inc., 848 F.2d 1560, 1569, 7 USPQ2d 1057,
1062 (Fed. Cir. 1988); Friction Division Products Inc. v. E.I. du
Pont de Nemours & Co., 658 F.Supp. 998, 3 USPQ2d 1775, 1781 (D.
Del. 1987), further proceedings, 693 F.Supp. 114, 8 USPQ2d 1652
(D. Del. 1988), aff’d 883 F.2d 1027, 12 USPQ2d 1575 (Fed. Cir.
1989)(unpublished)(“Accessibility to the public interested in the
4 See, e.g., DOD 5220.22-R, C1.1.15 and C1.1.15.1-C1.1.15.4 (Dec. 4, 1985).
23
Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: November 3, 2007