Commissioner of Patents and Trademarks
Patent and Trademark Office (P.T.O.)
EDMUND M. JASKIEWICZ, APPELLANT
v.
GERALD J. MOSSINGHOFF, COMMISSIONER OF PATENTS
AND TRADEMARKS, APPELLEE
Appeal No. 87-1026
December 21, 1987
Joseph G. Dail, Jr., Esq.
*1 Gabeler, Ward and Griggs
Harris A. Pitlick, Esq.
Associate Solicitor
Donald W. Peterson
Deputy Commissioner of Patents and Trademarks
On Remand from the United
States Court of Appeals for the Federal Circuit: The sanction imposed by the Patent
and Trademark Office Decision and Order dated October 1, 1984, in the matter of
Edmund M. Jaskiewicz, is modified in light of the Court's holding that,
"as to Counts One and Three there was insufficient evidence ... to sustain
the administrative finding of fraud and deliberate intent to mislead," the
Respondent's age, the Respondent's status as a sole practitioner, the
Respondent's heretofore blameless record and the fact that no patentee or
applicant has lost any rights and that no tainted patent issued as a result of
Respondent's actions, as well as the hardship Respondent has already suffered
during the course of these proceedings: diminished income, legal expenses
incurred and the termination of Respondent's 24-year association with the firm
of Grove, Jaskiewicz, Gilliam and Cobert.
MODIFIED ORDER
1. Respondent is found to
have violated 37 C.F.R. § 1.344,
1.56, 1.57, and Canon 1 and DR
1-102(A)(4) of the Code of Professional Responsibility of the American Bar
Association (1970) (1 Count).
2. Respondent shall be suspended from practice before the U.S.
Patent and Trademark Office for a period of
two (2) years. The execution of the period of this suspension is stayed and
Respondent is placed on probation, subject to the following conditions. If
within the period of probation Respondent should fail to comply with any
disciplinary rule applicable to patent attorneys and agents practicing before
the Patent and Trademark Office, his probation may be revoked and the remaining
period of the suspension executed after due notice and opportunity for a
hearing.
3. The following notice
shall be placed in the Official Gazette of the Patent and Trademark Office:
Edmund M. Jaskiewicz,
of Washington, D.C., Registration Number 17875, has been placed on probation in
his practice before the Patent and Trademark Office for two (2) years beginning
January 1, 1988.
This action is taken
under the provisions of Section 32 of Title 35, U.S.Code, and Section 1.348,
Title 37, of the Code of Federal Regulations. Respondent has a right of appeal
from this modified Decision and Order as provided in Section 32 of Title 35,
U.S.Code.
6 U.S.P.Q.2d 1159
END OF DOCUMENT