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IN RE LONARDO

Nos. 96-1101, 96-1123 and 96-1124.

119 F.3d 960 (1997)

In re Robert LONARDO (Serial No. 08/218,756). In re RESTORATIVE CARE (Reexamination No. 90/003,494). In re RESTORATIVE CARE (Reexamination No. 90/002,343).

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined August 29, 1997.

Attorney(s) appearing for the Case

Kirk M. Hartung, Zarley, McKee, Thomte, Voorhees & Sease, of Des Moines, IA, for appellants. With him on the brief was Donald H. Zarley.

Nancy J. Linck, Solicitor, U.S. Patent and Trademark Office, of Arlington, VA, argued for the Commissioner. With her on the brief were Albin F. Drost, Deputy Solicitor, Joseph G. Piccolo and John M. Whealan, Associate Solicitors.

Before NEWMAN, LOURIE, and RADER, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined August 29, 1997.

Opinion for the court filed by Circuit Judge LOURIE. Opinion concurring in the judgment as to Serial No. 08/218,756 and dissenting as to Reexamination Nos. 98/003,494 and 90/003,343 filed by Circuit Judge PAULINE NEWMAN.

LOURIE, Circuit Judge.

Robert Lonardo and Restorative Care of America Inc. appeal from three decisions of the Patent...

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