On September 30, 2008, the District Court for the District of Columbia held that the PTO has been misinterpreting the patent term adjustment statute, 35 U.S.C. § 154. Wyeth v. Dudas, 88 U.S.P.Q.2d 1538 (D.D.C. 2008). The district court in Wyeth held that overlap in the statute means a day of type A delay and a day of type B delay that occur on the same day.