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IN RE JERABEK

Appeal Nos. 85-2008, 85-2009.

789 F.2d 886 (1986)

In re Robert D. JERABEK.

United States Court of Appeals, Federal Circuit.

April 24, 1986.

Attorney(s) appearing for the Case

Edward M. O'Toole, Marshall, O'Toole, Gerstein, Murray & Bicknell, of Chicago, Ill., argued for appellant. With him on the brief was Carl E. Moore, Jr.

Henry W. Tarring, II, Associate Sol., U.S. Patent & Trademark Office, of Arlington, Va., argued for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Solicitor.

Herbert F. Schwartz, Fish & Neave, of New York City, argued for intervenor, Celanese Polymer Specialties Co. With him on the brief were David J. Lee, James F. Haley, Jr. and Ron E. Shulman.

Before FRIEDMAN, DAVIS and SMITH, Circuit Judges.

DAVIS, Circuit Judge.

This is a consolidated appeal from two decisions of the United States Patent and Trademark Office (PTO) Board of Appeals (Board), sustaining the examiners' rejection of all claims in related reissue applications, Serial Nos. 198,291 (the '291 reissue application) and 198,526 (the '526 reissue application). All claims in the two applications were rejected as unpatentable under 35 U.S.C. § 103 because of obviousness, and also as violative...

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