In Re Marino G. Carasso, Petitioner, 873 F.2d 1450 (Fed. Cir. 1988)

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US Court of Appeals for the Federal Circuit - 873 F.2d 1450 (Fed. Cir. 1988) Dec. 8, 1988

Before FRIEDMAN, BISSELL and ARCHER, Circuit Judges.

BISSELL, Circuit Judge.


ORDER

Marino G. Carasso petitions for writ of mandamus to direct the Commissioner of Patents and Trademarks to direct the examiner to withdraw his holding of abandonment and to proceed with Carasso's patent application on the merits. The Commissioner opposes the petition on the grounds, inter alia, that Carasso has alternative avenues of review such as seeking review in a district court, whose decision would then be appealable to this court, or to pursue an administrative remedy under 37 C.F.R. Sec. 1.137. See e.g., Dubost v. U.S. Patent and Trademark Office, 777 F.2d 1561 (Fed. Cir. 1985).

Writs of mandamus are to be used only in extraordinary circumstances and where no meaningful alternatives are available. In re Newman, 763 F.2d 407, 409-10 (Fed. Cir. 1985). Here Carasso has alternative avenues of review available.

Accordingly,

IT IS ORDERED THAT:

Carasso's petition for writ of mandamus is denied.