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IN RE SERNAKER

Appeal No. 82-579, Serial No. 916,018.

702 F.2d 989 (1983)

In re Howard SERNAKER.

United States Court of Appeals, Federal Circuit.

February 28, 1983.

Attorney(s) appearing for the Case

Michael F. Petock, Philadelphia, Pa., argued and filed briefs for appellant.

Associate Sol. Fred W. Sherling, Washington, D.C., argued for Patent and Trademark Office. With him on the brief was Sol., Joseph F. Nakamura, Washington, D.C.

Before DAVIS, Circuit Judge, COWEN, Senior Circuit Judge, and NICHOLS, Circuit Judge.

NICHOLS, Circuit Judge.

This case is before us on appeal from the decision of the Patent and Trademark Office Board of Appeals (board). In a 2-1 decision, the board affirmed the examiner's rejection, under 35 U.S.C. § 103, of claims 1-6 and 8-11 in appellant's application serial No. 916,018, filed June 15, 1978, entitled "Embroidered Transfer and Method of Making." These claims comprise all the claims in the case. We reverse.

I

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