This is a two hour, open-book exam. You may consult written materials, but discussions with others are not permitted. Be sure to put your exam number on each page you turn in for grading.

There are thirty (30) true/false questions; each counts 4%. Answer only twenty-five (25), I will only grade the first twenty five that are answered. Please answer on these sheets. Explanations are unnecessary. Should you feel compelled to explain, please use the reverse side of the sheet. Be sure to indicate which question your explanation addresses.

For each question you answer [only 25 of 30], please write "true" or "false" in the blank space provided.

1. The standard of review for formal administrative adjudication and rulemaking is generally "substantial evidence."

2. Most adjudications within the PTO can properly be considered as "formal" (as that term is generally used in administrative process).

3. Hearings under 37 C.F.R. Part 10 generally closely follow, e.g., those before the NLRB or FTC.

4. The standard of review for informal administrative adjudication and rulemaking is generally "capricious and arbitrary."

5. Courts rarely review informal PTO adjudications under the "capricious and arbitrary" standard.

6. People who challenge a trademark user's registration are generally able to participate throughout PTO proceedings and intramural appeals.

7. People who challenge an issued patent are generally able to participate throughout PTO proceedings and intramural appeals.

8. Collateral and direct review of Copyright Office decisions are easily combined.

9. Collateral review of PTO decisions is conducted under the same standards as those used in direct review.

10. Almost all PTO substantive rules are made in the context of adjudicative proceedings.

11. If PTO rules concerning qualifications to sit for the patent exam are substantive, the APA would seem to require that they be promulgated under § 553.

12. In Rydeen, the district court reviewed Constitutional issues under the clearly erroneous standard.

13. On its face, F.R.C.P. 52(a) governs only review of district court bench trials.

14. The qualifications of patent examiners for evaluating utility (in most ways that the term could be reasonably defined) is open to little debate.

15. For trademark registrations, 15 U.S.C. is generally both organic and enabling.

16. Agencies may generally consider evidence that would be inadmissible in a jury trial.

17. Whether the PTO should be a government corporation is being seriously considered by the patent bar as a way of keeping it free of politics.

18. For process purposes, the Copyright Office is clearly part of the legislative branch.

19. In Animal Legal Defense Fund, the CAFC explicitly approved the Commissioner's power to promulgate substantive rules for patent prosecution.

20. The PTO Commissioner has clear authority to determine the initial composition of TTAB and BPAI panels in particular cases.

21. If a reviewing court denominates an issue as one of "law," the most important implication is that review will be more intensive than otherwise.

22. One can get a fairly clear idea of the CAFC's standards of review from decisions that have precedential effect.

23. A "published" PTO decision is one that the Solicitor approves for inclusion in the U.S.P.Q.

24. The need for "non-statutory" review of PTO trademark decisions is doubtful.

25. Suits challenging PTO and Copyright Office compliance with the Freedom of Information Act are subject to eventual review by the CAFC.

26. As stated in Animal Legal Defense Fund, it is pretty clear that Commissioner's notices do not bind anyone.

27. Attorneys appearing before agencies such as EPA, FDA or OSHA generally have technical training.

28. Trademark examiners appear to be as "skilled in (their) art" as patent examiners.

29. The TTAB and BPAI generally conduct inter partes hearings pretty much the same as federal district courts.

30. Freedom of Information Act indices for available government documents are of little importance now that outsiders can search the text of most such documents by computer.