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IN RE MARGOLIS

Appeal No. 85-2616.

785 F.2d 1029 (1986)

In re Geoffrey MARGOLIS, Alain Mercier, and Klaus Schlecht.

United States Court of Appeals, Federal Circuit.

March 7, 1986.

Attorney(s) appearing for the Case

William H. Vogt, III, of Vogt & O'Donnell, White Plains, N.Y., argued, for appellants; Glenn E. Karta was of counsel.

Robert D. Edmonds, Associate Solicitor, of Office of the Solicitor, Arlington, Va., argued, for appellee. With him on brief were Joseph F. Nakamura, Solicitor, and Fred E. McKelvey, Deputy Solicitor.

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

PAULINE NEWMAN, Circuit Judge.

Patent applicants Geoffrey Margolis, Alain Mercier, and Klaus Schlecht (hereinafter Margolis), assignors to Nestec, S.A., appeal the decision of the Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (the Board), that affirmed the rejection of claims 1 through 8 of patent application Serial No. 297,324 on the ground that the claimed invention would have been obvious under 35 U.S.C. § 103. We vacate the decision...

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