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IN RE CRONYN

No. 89-1434.

890 F.2d 1158 (1989)

In re Marshall W. CRONYN.

United States Court of Appeals, Federal Circuit.

November 29, 1989.

Attorney(s) appearing for the Case

Peter J. Dehlinger, Palo Alto, Cal., argued for appellant.

Nancy C. Slutter, Associate Sol., Office of the Sol., Arlington, Va., argued for appellee. With her on the brief was Fred E. McKelvey, Sol., Woodbridge, Va.

Before FRIEDMAN, Senior Circuit Judge, and ARCHER and MAYER, Circuit Judges.

FRIEDMAN, Senior Circuit Judge.

The sole question in this case is whether the Board of Patent Appeals and Interferences (Board) correctly held that three undergraduate theses were "printed publications" under 35 U.S.C. § 102(b) (1982), which anticipated the invention for which a patent was sought. We hold that the theses were not "printed publications," and we therefore reverse the Board.

I

A. The facts in this case are undisputed. The patent...

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