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APPLICATION OF PHILLIPS

Appeal No. 79-511.

593 F.2d 1021 (1979)

Application of Clarence W. PHILLIPS, Michael P. Eiben, and Harvey T. Morgan, Jr.

United States Court of Customs and Patent Appeals.

March 23, 1979.

Attorney(s) appearing for the Case

James J. Hill, Emrich, Root, O'Keeffe & Lee, Chicago, Ill., for appellant.

Joseph F. Nakamura, Sol., Thomas E. Lynch, Associate Sol., U. S. Patent and Trademark Office, Washington, D. C., for Patent Office.

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

PER CURIAM.

In this appeal, scheduled for hearing on April 4, 1979, the court, having considered the original opinion and decision of the Patent and Trademark Office Board of Appeals ("board") and its subsequent opinion and decision upon request for reconsideration and modification, concludes as follows:

The board quotes approvingly from the examiner's answer, which states that the claims involve a program for use with a digital computer; that the program...

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