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IN RE TUOMINEN

Appeal No. 81-590.

671 F.2d 1359 (1982)

In re Francis W. TUOMINEN.

United States Court of Customs and Patent Appeals.

February 25, 1982.

Attorney(s) appearing for the Case

Forrest L. Collins, Minneapolis, Minn., for appellant.

Joseph F. Nakamura, Sol., and Fred W. Sherling, Associate Sol., Washington, D. C., for Patent and Trademark Office.

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

BALDWIN, Judge.

This is an appeal from a decision by the United States Patent and Trademark Office Board of Appeals (board), sustaining the examiner's rejection under 35 U.S.C. § 102 of claims 1 and 2. We affirm.

The Invention

Appealed claim 1 is directed to a "sunscreen composition containing as an active ingredient tocopherol acetylsalicylate" (TA), while appealed claim 2 recites a-TA as the active ingredient. Tuominen discloses...

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