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IN RE GULACK

Appeal No. 82-580.

703 F.2d 1381 (1983)

In re Max A. GULACK.

United States Court of Appeals, Federal Circuit.

March 30, 1983.

Attorney(s) appearing for the Case

C. Bruce Hamburg, New York City, argued for appellant.

John W. Dewhirst, Associate Sol., Washington, D.C., argued for U.S. Patent and Trademark Office. With him on the brief were Joseph F. Nakamura, Sol., and Fred E. McKelvey, Associate Sol., Washington, D.C.

Before FRIEDMAN, BALDWIN and SMITH, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

This is an appeal from the decision of the U.S. Patent and Trademark Office Board of Appeals sustaining the rejection under 35 U.S.C. § 103 of claims 1-4 and 6 of application serial No. 935,183, filed August 18, 1978, entitled "Educational and Recreational Mathematical Device in the Form of a Band, Ring or Concentric Rings." We reverse.

I.

The stated object of the disclosed invention is to exploit certain arithmetic...

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