The standard of review for a District Court in reviewing a decision of the PTO is whether the decision was "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law." 5 U.S.C. § 706(2)(A); Kim v. Quigg, 718 F. Supp. 1280, 1281 (E.D. Va. 1989). Defendants argue Plaintiff abandoned the 288 Application when it failed to respond to the October 17, 1994 Office Action issued by the PTO.