In Edmond v . United States ( 1997 ) the Court stated that " inferior Officers'are officers whose work is directed and supervised at some level by others who were appointed by Presidential nomination with the advice and consent of the Senate . " Among those officers recognized as " inferior " are district court clerks, federal supervisors of elections, the Watergate Special Prosecutor, and an Independent Counsel appointed under the Ethics in Government Act of 1978.
22.
(The President ) shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law : but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
23.
Judges of the TTAB are appointed by the United States Secretary of Commerce in consultation with the Director of the USPTO . From 1999 to 2009, a change in the statute permitted a number of TTAB judges to be appointed by the USPTO Director, but this arrangement was challenged as unconstitutional under Constitution ( the Appointments Clause ), which permits the United States Congress to " vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the " Heads of Departments " ".
24.
You are therefore carefully and diligently to discharge your Duty as such in the Rank of . . . . . . . . . . . . . . or in such other Rank as We may from time to time hereafter be pleased to promote or appoint you to, and you are in such manner and on such occasions as may be prescribed by us to exercise and well discipline both the Inferior Officers and Non-Commissioned Members serving under you and use your best endeavour to keep them in good Order and Discipline, and We do hereby Command them to Obey you as their Superior Officer, and you to observe and follow such Orders and Directions as from time to time you shall receive from Us, or any other your Superior Officer according to Law, in pursuance of the Trust hereby Reposed in you.
