IN RE ETTER

No. 84-1213.

756 F.2d 852 (1985)

In re Berwyn E. ETTER, Appellant.

United States Court of Appeals, Federal Circuit.

February 27, 1985.


Attorney(s) appearing for the Case

Donald H. Zarley (argued), Zarley, McKee, Thomte, Voorhees & Sease, Des Moines, Iowa, for appellant. With him on brief was Mark D. Hansing, Des Moines.

Thomas E. Lynch (argued), Associate Sol., U.S. Patent & Trademark Office, Washington, D.C., for appellee. With him on brief were Joseph F. Nakamura, Sol. and Jere W. Sears, Deputy Sol., Washington, D.C.

Martin Fleit (argued), Fleit, Jacobson, Cohn & Price, Washington, D.C., for intervenor. With him on brief was Allen S. Melser, Washington, D.C.

Before MARKEY, Chief Judge, and FRIEDMAN, RICH, DAVIS, BALDWIN, KASHIWA, BENNETT, MILLER, SMITH, NIES, NEWMAN, and BISSELL, Circuit Judges.


MARKEY, Chief Judge.

Appeal from a decision of the Board of Appeals (board) of the United States Patent and Trademark Office (PTO) affirming the examiner's final rejection in a reexamination proceeding of claims 1 through 9, all of the claims of United States Patent No. 4,133,034 (the '034 patent), issued January 2, 1979 to Berwyn E. Etter, as nonpatentable under 35 U.S.C. § 103 in view of prior art. We affirm.

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