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IN RE DONALDSON CO., INC.

No. 91-1386.

16 F.3d 1189 (1994)

In re DONALDSON COMPANY, INC.

United States Court of Appeals, Federal Circuit.

February 14, 1994.

Attorney(s) appearing for the Case

R. Carl Moy, Merchant, Gould, Smith, Edell, Welter & Schmidt, P.A., of Minneapolis, Minnesota, argued for appellant.

Fred E. McKelvey, Solicitor, Office of the Solicitor, of Arlington, Virginia, argued for appellee. With him on the brief were Richard E. Schafer, Associate Solicitor and James T. Carmichael, Assistant Solicitor. Of counsel was Albin F. Drost.

Herbert I. Cantor, Wegner, Cantor, Mueller & Player, of Washington, D.C., was on the brief for Amicus Curiae, Bar Association of the District of Columbia. With him on the brief were John W. Schneller, Chair, Patent, Trademark and Copyright Section and Anthony W. Shaw, Chair, Amicus Committee.

William L. LaFuze, Vinson & Elkins, of Houston, Texas, was on the brief for Amicus Curiae, American Intellectual Property Law Association. With him on the brief were Nancy J. Linck, Cushman, Darby & Cushman, Washington, D.C., Harold C. Wegner, Wegner, Cantor, Mueller & Player, Washington, D.C. and H. Ross Workman, Workman, Nydegger & Jensen, of Salt Lake City, Utah, of counsel.

Before NIES, Chief Judge, and RICH, NEWMAN, ARCHER, MAYER, MICHEL, PLAGER, LOURIE, CLEVENGER, RADER, and SCHALL, Circuit Judges.

RICH, Circuit Judge.

The Donaldson Company (Donaldson) appeals from the January 30, 1991 decision of the Board of Patent Appeals and Interferences (Board) of the United States Patent and Trademark Office (PTO), reaffirmed on reconsideration on April 17, 1991, sustaining the Examiner's rejection of claim 1 of reexamination application Serial No. 90/001,7761 (Schuler application) under 35 U.S.C. § 103. We reverse.

I. BACKGROUND...

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