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IN RE FOTLAND

Appeal No. 85-1546. Reissue Application Serial No. 177297.

779 F.2d 31 (1985)

In re Richard A. FOTLAND and Jeffrey J. Carrish.

United States Court of Appeals, Federal Circuit.

December 12, 1985.

Attorney(s) appearing for the Case

George E. Kersey, Framingham, Mass., argued for appellants. With him on the brief were Barry D. Josephs and Gary S. Winer.

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

Before MARKEY, Chief Judge, BALDWIN and NEWMAN, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

We affirm the decision of the United States Patent and Trademark Office Board of Appeals (Board), which in turn affirmed the examiner's rejection of all of the claims of Fotland and Carrish's reissue application Serial No. 177,297 (the `297 application).

We hold that a "no defect" reissue application that was filed under 37 C.F.R. § 1.175(a)(4) within two years after the grant of the patent did not provide a basis for compliance...

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