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IN RE GRABIAK

Appeal No. 84-1718.

769 F.2d 729 (1985)

In re Raymond C. GRABIAK, et al.

United States Court of Appeals, Federal Circuit.

Decided: August 9, 1985.

Attorney(s) appearing for the Case

J. Timothy Keane, Monsanto Company, of St. Louis, Mo., argued for appellants. Richard H. Shear, Monsanto Company, was on the brief.

Fred W. Sherling, U.S. Patent & Trademark Office, of Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol., John W. Dewhirst, Associate Sol., and Harris A. Pitlick, Associate Sol., Washington, D.C.

Before FRIEDMAN, NIES, and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Raymond C. Grabiak et al. appeal from the decision of the Patent and Trademark Office Board of Appeals sustaining the rejection of claims 1 through 34, all of the claims of patent application Serial No. 168,959, filed July 17, 1980 for "2-Chloro-4-Trifluoromethyl Thiazolecarbothioic Acids Useful As Herbicidal Safeners", as unpatentable under 35 U.S.C. § 103. We conclude that the PTO has not presented a prima facie...

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