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IN RE SMITH

Appeal No. 82-592.

714 F.2d 1127 (1983)

In re James A. SMITH and James H. McLaughlin, and Sterling Drug, Inc., Intervenor.

United States Court of Appeals, Federal Circuit.

August 3, 1983.

Attorney(s) appearing for the Case

Paul H. Heller, New York City, argued for appellants. With him on brief were Hugh A. Chapin, Albert J. Breneisen, and Philip G. Hampton, II, New York City.

Karl F. Jorda, Harry J. Falber and Michael W. Glynn, Ardsley, N.Y., of counsel.

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

John D. Foley, New York City, argued for intervenor. With him on brief were John F. Sweeney and James P. Welch, New York City.

James H. Luther, Robert B. Simonton and Joseph Sessa, New York City, of counsel.

Before NICHOLS, Circuit Judge, COWEN, Senior Circuit Judge, BALDWIN, KASHIWA and MILLER, Circuit Judges.

KASHIWA, Circuit Judge.

This is an appeal from the decision of the United States Patent and Trademark Office (the "PTO") Board of Appeals (the "board") sustaining the examiner's rejection of claims 1-3, 8, 10-13, 18, 23, 25, 26, 28 and 29 in reissue application serial No. 163,300, filed June 27, 1980. Original U.S. Patent No. 4,161,449, entitled "Powdered Carpet Composition" was issued on July 17, 1979, from an application filed September 2, 1977. All of the claims...

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