IN RE JOHNSON

Appeal No. 84-952.

747 F.2d 1456 (1984)

In re Wayne O. JOHNSON.

United States Court of Appeals, Federal Circuit.

November 9, 1984.


Attorney(s) appearing for the Case

Terence P. Strobough, Philadelphia, Pa., argued for appellant.

Harris A. Pitlick, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol., and John W. Dewhirst, Associate Sol., Washington, D.C.

Before MARKEY, Chief Judge, DAVIS, Circuit Judge, and NICHOLS, Senior Circuit Judge.


NICHOLS, Senior Circuit Judge.

This is an appeal from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the examiner's final rejection under 35 U.S.C. § 103 of claims 15-22 of appellant's application serial No. 54,757, filed July 3, 1979, entitled "Herbicidal Esters of 4-Tri-fluoromethyl-3'-carboxy-4'-nitro diphenyl ethers." We affirm.

I

Background

A. The Invention

...

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