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IN RE KROEKEL

Appeal No. 86-721.

803 F.2d 705 (1986)

In re Charles H. KROEKEL and Frederick A. Pfaff.

United States Court of Appeals, Federal Circuit.

October 14, 1986.

Attorney(s) appearing for the Case

Michael B. Fein, Rohm and Haas Co., Philadelphia, Pa., argued for appellants. With him on the brief was Carl W. Battle. Also on the brief was Rudolf E. Hutz, Connolly, Bove, Lodge & Hutz, Wilmington, Del.

Richard E. Schafer, Associate Sol., Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey.

Before MARKEY, Chief Judge, BENNETT, Senior Circuit Judge, and SMITH, Circuit Judge.

MARKEY, Chief Judge.

Kroekel and Pfaff (Kroekel) appeal from a decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (board), affirming the examiner's final rejection of claims 1, 3-12, 14-22, 24-40, 42, and 43 in application Serial No. 770,085 under 35 U.S.C. § 102(g) and interference estoppel. 230 USPQ 191 (1985). We affirm the rejection on the grounds of interference estoppel.

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