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IN RE DANIELS

No. 97-1225.

144 F.3d 1452 (1998)

In re Scott J. DANIELS.

United States Court of Appeals, Federal Circuit.

May 20, 1998.

Attorney(s) appearing for the Case

S. Michael Bender, S. Michael Bender, P.A., of Gulfport, Florida, argued for appellant.

Karen A. Buchanan, Associate Solicitor, Office of Solicitor, of Arlington, Virginia, argued for appellee. With her on brief were Nancy J. Linck, Solicitor, and Albin F. Drost, Deputy Solicitor.

William T. Fryer, III, of Bethesda, Maryland, filed a brief as amicus curiae.

Before NEWMAN, LOURIE, and BRYSON, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Scott J. Daniels appeals the decision of the United States Patent and Trademark Office, Board of Patent Appeals and Interferences, wherein the Board determined that Mr. Daniels' design patent application was not entitled to the benefit of the filing date of an earlier copending design application, and thus that the subject matter was unpatentable for obviousness in view of an intervening publication...

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