never shown to have entered information into an electronic system. Goddard, however, is
entitled to its “day in court” on that issue. The fact that Goddard lost on the merits does not
mean its position before this board was frivolous. Sparks v. Eastman Kodak Co., 230 F.3d 1344,
1345, 57 USPQ2d 1158, 1159 (Fed. Cir. 2000) (A frivolous appeal must be more than one that
has little merit. The doors of the courthouse must remain open for losing appeals as well as
winning appeals.)
For the foregoing reasons, Gambaro’s motion for sanctions in terms of an award of
compensatory expenses and attorney fees is denied.
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