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IN RE MAC DERMID, INC.

No. 96-1491. Reexamination No. 90/003,373.

111 F.3d 890 (1997)

In re MAC DERMID, INC.

United States Court of Appeals, Federal Circuit.

April 15, 1997.

Attorney(s) appearing for the Case

James R. Cartiglia, St. Onge, Steward, Johnston & Reens, L.L.C., Stamford, Connecticut, filed a Response to Appellee's Suggestion for Hearing In Banc. With him on the response was William J. Speranza.

Nancy J. Linck, Solicitor, Patent and Trademark Office, Washington, D.C., filed a Suggestion for Hearing In Banc for appellee. With her on the suggestion were Albin F. Drost, Deputy Solicitor, and Craig R. Kaufman and Kevin T. Kramer, Associate Solicitors.

ORDER DECLINING HEARING IN BANC

The Commissioner has suggested initial in banc hearing in this case because the Commissioner believes that our precedent holding that we review fact findings of the Patent and Trademark Office's (PTO) Board of Patent Appeals and Interferences in patentability decisions for clear error should be overruled and a more deferential standard based on the Administrative Procedure Act (APA) should apply. We conclude that a precondition...

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