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APPLICATION OF DIEHR

Appeal No. 79-527.

602 F.2d 982 (1979)

Application of James R. DIEHR, II, and Theodore A. Lutton.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 18, 1979.

Attorney(s) appearing for the Case

Robert E. Wickersham, San Francisco, Cal. (Owen, Wickersham & Erickson, San Francisco, Cal.), attys. of record, for appellants.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents; Thomas E. Lynch, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN, and MILLER, Judges, and COWEN, Senior Judge.

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the rejection of claims 1-11, all claims in appellants' application serial No. 602,463, filed August 6, 1975, entitled "Direct Digital Control of Rubber Molding Presses."1 The claims have been rejected under 35 U.S.C. § 101 as being drawn to nonstatutory subject matter. We reverse.

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