No. 97-1367.

140 F.3d 1428 (1998)

In re Todd A. BERG, Donley D. Rowenhorst, James G. Berg and William K. Leonard.

United States Court of Appeals, Federal Circuit.

March 30, 1998.

Attorney(s) appearing for the Case

Charles L. Gholz, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., Arlington, VA, argued, for appellant. Of counsel on the brief was Alton D. Rollins.

John M. Whealan, Associate Solicitor, Office of the Solicitor, Arlington, VA, argued, for the appellee. With him on the brief were Nancy J. Link, Solicitor, Albin F. Drost, Deputy Solicitor, and David J. Ball, Jr., Associate Solicitor.

Before MICHEL, CLEVENGER, and GAJARSA, Circuit Judges.

MICHEL, Circuit Judge.

Todd A. Berg, Donley D. Rowenhorst, James G. Berg and William K. Leonard (collectively, "Berg") appeal the decision of the United States Patent and Trademark Office's (the "PTO's") Board of Patent Appeals and Interferences (the "Board") upholding the examiner's rejection of all the claims of patent application Serial No. 07/918,360 (the "application"), based on certain claims of U.S. Patent No. 5,201,916 previously issued to Berg (the "'916...

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