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IN RE ABELE

Appeal No. 81-618.

684 F.2d 902 (1982)

In re Manlio Giacomo ABELE and Christopher Herbert Marshall.

United States Court of Customs and Patent Appeals.

August 5, 1982.

Attorney(s) appearing for the Case

Jack E. Haken and Robert T. Mayer, Tarrytown, N. Y., for appellant.

Joseph F. Nakamura, Sol., and Jere W. Sears, Deputy Sol., Washington, D. C., for the Patent and Trademark Office.

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

NIES, Judge.

This appeal is from the decision of the Patent and Trademark Office Board of Appeals (board) affirming the rejection of claims 5-7 and 33-471 in their application serial No. 850,892, filed November 15, 1977, for "Tomographic Scanner." The claims stand rejected under 35 U.S.C. § 1012 as being drawn to nonstatutory subject matter. We affirm the rejection of claims 5 and 7 and reverse...

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