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IN RE KAPLAN

Appeal No. 85-2522.

789 F.2d 1574 (1986)

In re Leonard KAPLAN and Wellington Epler Walker.

United States Court of Appeals, Federal Circuit.

May 6, 1986.

Attorney(s) appearing for the Case

Steven T. Trinker, Danbury, Conn., argued for appellant. On brief, was Norman L. Balmer, Law Dept., Union Carbide Corp., Danbury, Conn.

Harris A. Pitlick, Associate Sol., Arlington, Va., argued, for appellee U.S. Patent and Trademark Office. With him on brief, were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol.

Before RICH, Circuit Judge, NICHOLS, Senior Circuit Judge, and NIES, Circuit Judge.

RICH, Circuit Judge.

This appeal is from the decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (board) rejecting, under 37 CFR 1.196(b), the single claim of appellants' application serial No. 364,221, filed April 1, 1982, entitled "Homogeneous Liquid Phase Process for Making Alkane Polyols," on the sole ground of "double patenting, because it constitutes an improper extension of monopoly for an invention claimed...

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