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IN RE THORPE

Appeal No. 85-1913.

777 F.2d 695 (1985)

In re Donald H. THORPE, et al.

United States Court of Appeals, Federal Circuit.

November 21, 1985.

Attorney(s) appearing for the Case

James F. Tao, Niagara Falls, N.Y., argued for appellants. With him on the brief was William G. Gosz, Niagara Falls, N.Y.

Richard E. Schafer, Associate Sol., U.S. Patent and Trademark Office, Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol., Washington, D.C.

Before DAVIS, Circuit Judge, NICHOLS, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

We affirm the judgment of the United States Patent and Trademark Office Board of Appeals (the Board), which upheld the examiner's rejection of product-by-process claims 44, 45, 46, and 47 of U.S. Patent Application Serial No. 132,739 of Donald H. Thorpe et al. (Thorpe), filed March 24, 1980 for "Improved Process for Metal-Modified Phenolic Novolac Resin".

Background

The invention relates generally to color...

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