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IN RE KLEIN BY KLEIN

No. 92-1420.

987 F.2d 1569 (1993)

In re John R. KLEIN (Deceased); by Helen B. KLEIN, Executrix; Michael J. Noone and Kermit E. Stahl.

United States Court of Appeals, Federal Circuit.

March 11, 1993.

Attorney(s) appearing for the Case

John F. McNulty, Paul & Paul, Philadelphia, PA, argued, for appellant.

James T. Carmichael, Associate Sol., Office of the Sol., Arlington, VA, argued, for appellee. With him on the brief, was Fred E. McKelvey, Sol. Of counsel, were John W. Dewhirst, Lee E. Barrett, Richard E. Schafer and Albin F. Drost.

Before RICH, Circuit Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge.

RICH, Circuit Judge.

This appeal is from the January 28, 1992, decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (board) affirming the examiner's final rejection of appellants' application serial No. 07/174,023, filed December 13, 1990, for a design patent on a design for a roof or siding shingle, request for reconsideration denied March 18, 1992. We reverse.

The sole ground of rejection is that the claimed...

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