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APPLICATION OF VAN DER LELY

Appeal No. 78-611.

591 F.2d 703 (1979)

Application of Ary VAN DER LELY and Cornelis Johannes Gerardus Bom.

United States Court of Customs and Patent Appeals.

February 15, 1979.

Attorney(s) appearing for the Case

William B. Mason, Mason, Mason & Albright, Arlington, Va., attorneys of record, for appellants.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents; Robert D. Edmonds, of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

Petition for Rehearing

PER CURIAM.

Appellants' petition for rehearing under Rule 6.1 is granted to the extent or reconsidering our decision dated December 14, 1978. Our earlier decision, in which we affirmed the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) which had affirmed the examiner's rejection of the appealed claims under 35 U.S.C. § 103, is hereby vacated. The unpublished opinion accompanying our earlier decision...

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