Ex parte GRINKUS - Page 24




          Appeal No. 96-2905                                                          
          Application No. 29/008,076                                                  


          Alappat, 33 F.3d at 1536, 31 USPQ2d at 1551.  The Federal                   
          Circuit in Alappat simply did not analyze the impact of Utica               
          Packing Co. v. Block, 781 F.2d 71 (6th Cir. 1986), which was                
          cited by Amicus Curiae FCBA, since due process was no longer                
          at issue before the court.                                                  


               Finally, I take exception to what appears to be the                    
          majority's reliance on the SOP (standing operating procedure)               
          to justify the procedural due process requirement raised by                 
          appellant.  The majority has not established that the SOP                   
          itself complies with the procedural due process requirement,                
          i.e., does not deprive appellant of a property right without                
          due process of law.                                                         






                                                       ) BOARD OF PATENT              
                                                       )     APPEALS                  
                         CHUNG K. PAK                  )       AND                    
                         Administrative Patent Judge   )  INTERFERENCES               



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