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IN RE ASAHI/AMERICA, INC.

No. 94-1249.

68 F.3d 442 (1995)

In re ASAHI/AMERICA, INC.

United States Court of Appeals, Federal Circuit.

February 24, 1995.

Attorney(s) appearing for the Case

Gerald E. Hespos, Casella and Hespos, New York City, argued, for appellant. With him on the brief was Anthony J. Casella.

Muriel E. Crawford, Associate Sol., Arlington, VA, argued, for appellee. With him on the brief were Albin F. Drost, Acting Sol. and Richard E. Schafer, Acting Associate Sol.

Before RADER, Circuit Judge, SMITH, Senior Circuit Judge, and SCHALL, Circuit Judge.

EDWARD S. SMITH, Senior Circuit Judge.

Asahi/America, Inc. (Asahi) appeals the decision of the Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board) (1) affirming the examiner's final rejection, upon reexamination, of claims 1-3 of U.S. Patent No. 4,930,544 (Ziu '544) as being anticipated by U.S. Patent No. 4,779,652 (Sweeney '652) under 35 U.S.C. § 102(e), and (2) affirming the examiner's finding that the declaration filed pursuant...

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