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IN RE O'FARRELL

No. 87-1486.

853 F.2d 894 (1988)

In re Patrick H. O'FARRELL, Barry A. Polisky and David H. Gelfand.

United States Court of Appeals, Federal Circuit.

August 10, 1988.

Attorney(s) appearing for the Case

J. Bruce McCubbrey, Fitch, Even, Tabin & Flannery, of San Francisco, Cal., argued for appellant. Virginia H. Meyer, Fitch, Even, Tabin & Flannery, of San Francisco, Cal., was on the brief for appellant.

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

Before MARKEY, Chief Judge, and RICH and NIES, Circuit Judges.

RICH, Circuit Judge.

This appeal is from the decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences (board) affirming the patent examiner's final rejection of patent application Serial No. 180,424, entitled "Method and Hybrid Vector for Regulating Translation of Heterologous DNA in Bacteria." The application was rejected under 35 U.S.C. § 103 on the ground that the claimed invention would have been obvious at the time...

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