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IN RE EMERT

No. 96-1559.

124 F.3d 1458 (1997)

In Re Jack EMERT and Robert D. Lundberg, Appellants.

United States Court of Appeals, Federal Circuit.

September 18, 1997.

Attorney(s) appearing for the Case

Lawrence F. Scinto, Fitzpatrick, Cella, Harper & Scinto, New York City, argued, for appellants. With him on the brief was Dominick A. Conde. Of counsel on the brief were Kenneth R. Walton, Exxon Chemical Company, Linden, NJ, and Harvey L. Cohen.

Scott A. Chambers, Associate Solicitor, Office of the Solicitor, Department of Commerce, Patent and Trademark Office, Arlington, VA, argued, for Commissioner. With him on the brief were Nancy J. Linck, Solicitor, Albin F. Drost, Deputy Solicitor, and Craig R. Kaufman, Associate Solicitor.

Before MAYER, MICHEL, and RADER, Circuit Judges.

RADER, Circuit Judge.

Jack Emert and Robert D. Lundberg (collectively Emert) appeal the rejection of claims 1-5 and 43-67 of application No. 07/250,887 ('887 application). The United States Patent and Trademark Office's Board of Patent Appeals and Interferences (Board) rejected Emert's contested claims for obviousness-type double patenting. Recognizing that the Board applied the correct test and reached the proper result under the correct standard of review, this...

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