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IN RE HARITA

No. 87-1273.

847 F.2d 801 (1988)

In re Kozaburo HARITA, Kukiyoshi Ajisawa, Kinji Iizuke, Yukihiko Kinoshita, Tetsuhide Kamijo, and Michihiro Kobayashi.

United States Court of Appeals, Federal Circuit.

May 24, 1988.

Attorney(s) appearing for the Case

George A. Depaoli, Depaoli & O'Brien, P.C., Arlington, Va., for appellant.

Albin F. Drost, Asst. Sol., Office of the Sol., Arlington, Va., for appellee. With him on the brief were Joseph F. Nakamura, Sol. and Fred E. McKelvey, Deputy Sol.

Before RICH and DAVIS, Circuit Judges, and NICHOLS, Senior 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), 1 USPQ2d 1887, affirming the final rejection by the Special Program Examiner of claims 8-10 of Harita et al. application for reissue, serial No. 802,486, filed June 1, 1977. We reverse.

This reissue application, filed pursuant to 35 U.S.C. § 251, has as its primary purpose the correction of error...

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