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IN RE BRIGANCE

Appeal No. 85-2561.

792 F.2d 1103 (1986)

In re Albert H. BRIGANCE.

United States Court of Appeals, Federal Circuit.

June 4, 1986.

Attorney(s) appearing for the Case

Charles Hieken, Boston, Mass., argued, for appellant.

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

Before DAVIS, SMITH, and NEWMAN, Circuit Judges.

EDWARD S. SMITH, Circuit Judge.

In this patent case, the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (board) sustained the patent examiner's rejection under 35 U.S.C. § 102(b) of claims 1, 3-5, and 7 in application serial No. 799,500 by Albert H. Brigance (Brigance). We affirm.

Issue

The principal issue before this court is whether the board erred in affirming the examiner's rejection of claims...

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