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IN RE MERCK & CO., INC.

No. 85-2740.

800 F.2d 1091 (1986)

In re MERCK & CO., INC.

United States Court of Appeals, Federal Circuit.

September 8, 1986.

Attorney(s) appearing for the Case

Charles M. Caruso of Merck & Co., Inc., Rahway, N.J., argued for appellant. With him on brief was Nels T. Lippert, of Fitzpatrick, Cella, Harper & Scinto, New York City. Of counsel were Mario A. Monaco and Michael C. Sudol, Jr., of Merck & Co., Inc., Rahway, N.J.

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

Donald R. Dunner of Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C., argued for intervenor Biocraft Laboratories, Inc. With him on brief were Robert D. Bajefsky and Carol P. Einaudi of Finnegan, Henderson, Farabow, Garrett & Dunner, Washington, D.C. Of counsel was Beryl L. Snyder, of Biocraft Laboratories, Inc., Elmwood Park, N.J.

Before DAVIS, BALDWIN and ARCHER, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a final decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board), sustaining the rejection of claims 1 through 3 in the reexamination application1 of U.S. Patent No. 3,428,7352 (the '735 patent) as unpatentable under 35 U.S.C. § 103. We affirm.

I. BACKGROUND

A. The Invention...

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