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IN RE HEDGES

Appeal No. 85-2524.

783 F.2d 1038 (1986)

In re Charles V. HEDGES and Victor Mark.

United States Court of Appeals, Federal Circuit.

February 12, 1986.

Attorney(s) appearing for the Case

Martin B. Barancik, Mount Vernon, Ind., argued for appellants. With him on the brief was John W. Schneller, Lyon & Lyon, Washington, D.C.

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

Before MARKEY, Chief Judge, MILLER, Senior Circuit Judge, and NEWMAN, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

The decision of the United States Patent and Trademark Office (PTO) Board of Appeals (Board), affirming the rejection of claims 8, 9, and 10 of United States patent application Serial No. 301,396 as unpatentable under 35 U.S.C. § 103, is reversed.

OPINION

This patent application of Charles V. Hedges and Victor Mark (collectively Hedges or applicant) is for a "Process for Preparing

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