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IN RE SALMON

Appeal No. 82-603.

705 F.2d 1579 (1983)

In re Philip Robert SALMON and Hugh Campbell Hamilton.

United States Court of Appeals, Federal Circuit.

April 25, 1983.

Attorney(s) appearing for the Case

Fred Wiviott, Milwaukee, Wis., argued for appellant.

Harris A. Pitlick, Associate Sol., Arlington, Va., argued for the United States 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, DAVIS and NICHOLS, Circuit Judges.

FRIEDMAN, Circuit Judge.

This appeal is from a decision of the Patent and Trademark Office Board of Appeals ("Board") affirming the rejection of the appellants' application for reissue of a design patent. The correctness of that decision turns upon the validity of the Board's conclusion that the design shown in a second application was a different design from that shown in the first application. We affirm.

I.

On April 17, 1972, the appellants filed...

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