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IN RE PAGLIARO

Appeal No. 81-517.

657 F.2d 1219 (1981)

In re Fulvio A. PAGLIARO, James G. Franklin, and Rupert J. Gasser.

United States Court of Customs and Patent Appeals.

August 20, 1981.

Attorney(s) appearing for the Case

William H. Vogt, III, Morris N. Reinisch, Marcus J. Millet, New York City, for appellants.

Joseph F. Nakamura, Sol., and Gerald H. Bjorge, 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 the Patent and Trademark Office ("PTO") Board of Appeals ("board") affirming the examiner's rejection of claims 1-31 under 35 U.S.C. § 103 as unpatentable over Nutting et al. ("Nutting")1 in view of either Rector2 or Aeillo3 in application serial No. 742,094, filed November 16, 1976, for "Decaffeination...

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