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IN RE BAKER HUGHES INC.

No. 99-1463.

215 F.3d 1297 (2000)

In re BAKER HUGHES INCORPORATED

United States Court of Appeals, Federal Circuit.

June 14, 2000.

Attorney(s) appearing for the Case

Kenneth Solomon, Howell & Haferkamp, L.C., of St. Louis, Missouri, argued for appellant.

Kristin L. Yohannan, Associate Solicitor, Office of the Solicitor, Arlington, Virginia, argued for appellee. With her on the brief were Albin F. Drost, Acting Solicitor; John M. Whealan, Acting Deputy Solicitor; and Kevin G. Baer, Associate Solicitor. Of counsel was Nancy C. Slutter, Acting Deputy Solicitor.

Before MAYER, Chief Circuit Judge, PLAGER, and LOURIE, Circuit Judges.

LOURIE, Circuit Judge.

Baker Hughes Inc. appeals from the decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences holding, in a merged reexamination proceeding involving U.S. Patent 5,074,991, that claims 1-9, 17-25, 35, and 42-45 are unpatentable under 35 U.S.C. § 103 (1994). See Ex parte Petrolite Corp., Paper Nos. 31 and 41 (BPAI Aug. 5, 1997). Because the Board erred in concluding that the appealed claims...

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