IN RE FARRENKOPF

Appeal No. 82-583.

713 F.2d 714 (1983)

In re Bruce Charles FARRENKOPF and Magdalena Usategui-Gomez, and Travenol Laboratories, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

July 27, 1983.


Attorney(s) appearing for the Case

William H. Epstein, Nutley, N.J., argued, for appellant. With him on the brief was George M. Gould, Nutley, N.J.

Harris A. Pitlick, Washington, D.C., argued, for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Associate Sol., Washington, D.C.

Robert W. Furlong, Boston, Mass., argued, for intervenor.

Before MILLER, Circuit Judge, COWEN, Senior Circuit Judge, and SMITH, Circuit Judge.


JACK R. MILLER, Circuit Judge.

This is an appeal from the decision of the Patent and Trademark Office ("PTO") Board of Appeals ("board") affirming the rejection under 35 U.S.C. § 103 of claims 1-15 in reissue application No. 003,978. We affirm.1

BACKGROUND

Procedural Background

Appellants Farrenkopf and Usategui-Gomez were issued United States Patent No. 4,112,064 (the '064 patent)

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