IN RE BAXTER TRAVENOL LABS

No. 91-1313.

952 F.2d 388 (1991)

IN re BAXTER TRAVENOL LABS.

United States Court of Appeals, Federal Circuit.

December 30, 1991.


Attorney(s) appearing for the Case

Daniel D. Ryan, of Fuller, Ryan & Hohenfeldt, Milwaukee, Wis., argued, for Baxter. Of counsel was Bradford R.L. Price, of Baxter International Inc., Deerfield, Ill.

Teddy S. Gron, argued, for the Com'r of Patents and Trademarks, Arlington, Va. With him on the brief, were Fred E. McKelvey, Sol., and Richard E. Schafer, Associate Sol.

Before NIES, Chief Judge, PLAGER and LOURIE, Circuit Judges.


LOURIE, Circuit Judge.

Baxter International, Inc. (Baxter) appeals from the February 28, 1991, decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences, Appeal No. 90-2204. The Board affirmed the rejection of claims 1, 3-12, 14-16, 20-23, and 29-37, in a reexamination of U.S. Patent 4,222,379 (the Smith patent) as anticipated under 35 U.S.C. § 102(b). The Board also affirmed the rejection of claims 1-24 as obvious under...

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