Appellee-defendant Harry F. Manbeck, Jr., Assistant Secretary of Commerce and Commissioner of Patents and Trademarks ("Commissioner"), moves to dismiss the appeal of appellant-plaintiff, Richard M. Franchi, from a judgment of the United States District Court for the District of Connecticut (Dorsey, J.) dismissing the complaint in this action. In the alternative, the Commissioner seeks to transfer the appeal to the United States Court of Appeals for the Federal Circuit. According to the complaint, the Commissioner improperly denied Franchi admission to practice as a patent attorney before the United States Patent and Trademark Office ("USPTO"). On April 4, 1991, the Connecticut District Court determined that, under 35 U.S.C. § 32, the United States District Court for the District of Columbia had exclusive jurisdiction to review a claim of the type being made by Franchi. For this reason, the Connecticut District Court dismissed Franchi's complaint for lack of subject matter jurisdiction. Franchi filed a timely notice of appeal to this Court on May 31, 1991.
For the reasons that follow, we hold that this Court does not have appellate jurisdiction over a claim of the type asserted by Franchi. Accordingly, the motion of the Commissioner to transfer the appeal to the Federal Circuit is granted.
Miner '56, Roger J., "Franchi v. Manbeck, 947 F. 2d 631 - Court of Appeals, 2nd Circuit 1991" (1991). Circuit Court Opinions. 339.