IN RE COSTELLO

Appeal No. 83-567.

717 F.2d 1346 (1983)

In re Derek Anthony COSTELLO and Robert McClean.

United States Court of Appeals, Federal Circuit.

September 20, 1983.


Attorney(s) appearing for the Case

Richard L. Schwaab, Alexandria, Va., argued for appellant.

Gerald H. Bjorge, Washington, D.C., argued for appellee. With him on brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Associate Sol., Washington, D.C.

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


EDWARD S. SMITH, Circuit Judge.

This is an appeal from the December 5, 1979, decision of the U.S. Patent and Trademark Office (PTO) Board of Appeals (board) sustaining two rejections under section 103 of claims 1, 4-10, 12, 13, and 17-20 of application serial No. 488,900, filed July 22, 1974. The invention relates to "foam-skin" communication cable insulation. The principal reference relied on is Cereijo, U.S. patent No. 3,914,357, filed January 4, 1973. We affirm...

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