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IN RE YATES

Appeal No. 81-557.

663 F.2d 1054 (1981)

In re Paul Clifford YATES.

United States Court of Customs and Patent Appeals.

November 5, 1981.

Attorney(s) appearing for the Case

Frank C. Hilberg, Jr., Wilmington, Del., and Hoge T. Sutherland, Arlington, Va., for appellant.

Joseph F. Nakamura, Sol., and Henry W. Tarring, II, Associate Sol., Washington, D. C., for Patent and Trademark Office.

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

MILLER, Judge.

This is an appeal from a decision of the Patent and Trademark Office ("PTO") Board of Appeals ("board"), sustaining the examiner's 35 U.S.C. § 103 rejection of claims 1-331 as obvious from Okada et al. ("Okada").2 We reverse.

BACKGROUND

The Invention

Appellant claims a process for oxidizing an olefin to an unsaturated aldehyde. A gaseous mixture of olefin...

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