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IN RE SWARTZ

No. 00-1108.

232 F.3d 862 (2000)

In re Mitchell R. SWARTZ.

United States Court of Appeals, Federal Circuit.

Rehearing Denied December 6, 2000.

Attorney(s) appearing for the Case

Dr. Mitchell Swartz, pro se, of Wellesley Hills, Massachusetts. (Serial No. 07/760,970)

Albin F. Drost, Acting Solicitor, U.S. Patent and Trademark Office, of Arlington, Virginia, for the Director of the United States Patent and Trademark Office. With him on the brief were John M. Whealan, Acting Deputy Solicitor, Mark Nagumo and Stephen Walsh, Associate Solicitors. Of counsel were Maximilian R. Peterson and Nancy C. Sluter, Associate Solicitors.

Eugene F. Mallove, Sc.D., amicus curiae, New Energy Research Laboratory, of Concord, New Hampshire.

Scott R. Chubb, Ph.D., amicus curiae, Research Physicist, Research Systems, Inc., of Burke, Virginia.

Before PLAGER, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

PER CURIAM.

Mitchell R. Swartz appeals from the decision of the United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board), Appeal No. 94-2920, affirming the examiner's final rejection of claims 25-48 of application Serial No. 07/760,970 for lack of operability or utility under 35 U.S.C. § 101 and lack of enablement under 35 U.S.C. § 112, ¶ 1. We affirm the Board's decision.

The questions of whether a specification...

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