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IN RE WEBB

No. 90-1176.

916 F.2d 1553 (1990)

In re John D. WEBB, Jr., Roy Y. Hori, and George E. Simpson.

United States Court of Appeals, Federal Circuit.

October 11, 1990.

Attorney(s) appearing for the Case

Michael H. Baniak, Willian Brinks Olds Hofer Gilson & Lione, Chicago, Ill., argued, for appellants. With him on the brief, was Sandra A. Sellers, Willian Brinks Olds Hofer Gilson & Lione, Washington, D.C.

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

Before ARCHER, PLAGER, and CLEVENGER, Circuit Judges.

CLEVENGER, Circuit Judge.

This is an appeal from a decision of the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences ("Board") affirming the final rejection of the sole claim of appellants' ("Webb") U.S. Design Patent Application Serial No. 833,470. The claim for "[t]he ornamental design for a grooved femoral hip stem prosthesis as shown and described," was "rejected as being unpatentable under 35 U.S.C. § 171 as being directed to non...

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