In Re Judy Von Gunten and Lee Von Gunten, 9 F.3d 977 (Fed. Cir. 1993)
Annotate this CaseBefore RICH, Circuit Judge, COWEN, Senior Circuit Judge, and SCHALL, Circuit Judge.
RICH, Circuit Judge.
ORDER
The Commissioner of Patents and Trademarks urges dismissal of Judy and Lee Von Gunten's appeal as untimely. In response, the Von Guntens request that this court "approve an extension of time by the PTO for filing the appeal."
The Von Guntens do not dispute that their appeal was untimely. The Commissioner points out that if the case is dismissed, the Von Guntens may request, pursuant to 37 C.F.R. Sec. 1.304(a), an extension of time to file a notice of appeal. Accordingly, we agree with the Commissioner that the best course is to dismiss the appeal.
Accordingly,
IT IS ORDERED THAT:
(1) The Von Guntens' appeal is dismissed.
(2) Each side shall bear its own costs.
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