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IN RE McCARTHY

Appeal No. 84-1682.

763 F.2d 411 (1985)

In re Hubert McCARTHY.

United States Court of Appeals, Federal Circuit.

May 31, 1985.

Attorney(s) appearing for the Case

Joseph W. Berenato and George A. Garvey, Shlesinger, Arkwright, Garvey & Fado, Arlington, Va., for appellant.

Robert D. Edmonds, Associate Sol., United States Patent and Trademark Office, of Arlington, Va., for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Jere W. Sears, Deputy Sol., Washington, D.C.

Before BENNETT, NIES and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Hubert McCarthy appeals from the decision of the Patent and Trademark Office Board of Appeals (Board) upholding the Examiner's rejection of claims 16-19 of patent application Serial No. 302,134 as unpatentable for failure to meet the requirements of 35 U.S.C. § 103. We affirm.

I.

Mr. McCarthy's invention relates to shipping form units to be adhered to the outside of a container, to provide an accompanying weatherproof...

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