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IN RE BAUMAN

Appeal No. 82-520.

683 F.2d 405 (1982)

In re Jack BAUMAN.

United States Court of Customs and Patent Appeals.

July 22, 1982.

Attorney(s) appearing for the Case

Laurence H. Pretty, Los Angeles, Cal., and J. F. McLellan, Long Beach, Cal., for appellant.

Joseph F. Nakamura, Sol., and John W. Dewhirst, 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 decision of the Patent and Trademark Office ("PTO") Board of Appeals ("board") affirming the examiner's rejection of appellant's claims 1-11 as anticipated under 35 U.S.C. § 102(b). We reverse.

BACKGROUND

The relevant facts are as follows: Appellant's patent No. 3,858,247,1 disclosing both an apparatus and method but claiming only the apparatus, issued January 7, 1975. Less...

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