IN RE EVANEGA

No. 86-1667.

829 F.2d 1110 (1987)

In re George R. EVANEGA and Winfried Albert, Appellants.

United States Court of Appeals, Federal Circuit.

September 21, 1987.


Attorney(s) appearing for the Case

Peter F. Felfe, Felfe & Lynch, New York City, argued, for appellants.

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

Before BISSELL, Circuit Judge, BALDWIN, Senior Circuit Judge, and ARCHER, Circuit Judge.


ARCHER, Circuit Judge.

George R. Evanega and Winfried Albert (Evanega) appeal the affirmance by the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (board) of a patent examiner's rejection under 35 U.S.C. § 103 (1982 & Supp.1985) of all eight claims of their application for a patent on a Method for Enzyme Immuno-Determinations in Heterogenous Phase.1 We reverse.

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