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IN RE CHUPP

Appeal No. 86-1631.

816 F.2d 643 (1987)

In re John P. CHUPP

United States Court of Appeals, Federal Circuit.

April 15, 1987.

Attorney(s) appearing for the Case

Dale H. Hoscheit, Banner, Birch, McKie & Beckett, Washington, D.C., argued for appellant. With him on brief was William I. Andress, Monsanto Company, St. Louis, Mo.

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

Before MARKEY, Chief Judge, FRIEDMAN, Circuit Judge, and RE, Chief Judge.

MARKEY, Chief Judge.

Appeal from a decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (board), affirming the examiner's final rejection of claims 1 and 12 in application Serial No. 358,967 under 35 U.S.C. § 103. We reverse.

BACKGROUND

On March 17, 1982, John P. Chupp (Chupp) filed a continuation-in-part application, assigned to Monsanto Company, entitled "Herbicidal 2-Haloacetanilides."...

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