[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR10.154]

[Page 370-371]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 10--REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE--Table of Contents
 
Sec. 10.154  Initial decision of administrative law judge.

    (a) The administrative law judge shall make an initial decision in 
the case. The decision will include (1) a statement of findings and 
conclusions, as well as the reasons or basis therefore with appropriate 
references to the record, upon all the material issues of fact, law, or 
discretion presented on the record, and (2) an order of suspension or 
exclusion from practice, an order of reprimand, or an order dismissing 
the complaint. The administrative law judge shall file the decision with 
the Director and shall transmit a copy to the representative of the 
Director and to the respondent. In the absence of an appeal to the 
Commissioner, the decision of the administrative law judge will, without 
further proceedings, become the decision of the Commissioner of Patents 
and Trademarks thirty (30) days from the date of the decision of the 
administrative law judge.

[[Page 371]]

    (b) The initial decision of the administrative law judge shall 
explain the reason for any penalty or reprimand, suspension or 
exclusion. In determining any penalty, the following should normally be 
considered:
    (1) The public interest;
    (2) The seriousness of the violation of the Disciplinary Rule;
    (3) The deterrent effects deemed necessary;
    (4) The integrity of the legal profession; and
    (5) Any extenuating circumstances.

[50 FR 5172, Feb. 6, 1985; 50 FR 25073, June 17, 1985]