In re O'Brien

U.S. Courts of Appeals

Decided July 26, 2004

U.S. Courts of Appeals · decided 2004-07-26

Decided 2004-07-26

¶1 ORDER

¶2Upon consideration of the John O’Brien et al.’s unopposed motion to voluntarily dismiss * this appeal,

¶3IT IS ORDERED THAT:

¶4(1) The motion is granted.

¶5(2) Each side shall bear its own costs.

¶6 In his "motion for voluntary dismissal,” in addition to seeking dismissal, O'Brien asks this court "to remand to the Patent and Trademark Office.” The court cannot both dismiss and remand an appeal.