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IN RE ROEMER

No. 00-1159.

258 F.3d 1303 (2001)

In re ROEMER.

United States Court of Appeals, Federal Circuit.

DECIDED: July 24, 2001.

Attorney(s) appearing for the Case

Boris Haskell, Paris and Haskell, of Arlington, VA, argued for appellants.

William LaMarca, Associate Solicitor, Office of the Solicitor, U.S. Patent and Trademark Office, of Arlington, VA, argued for appellee. With him on the brief were John M. Whealan, Solicitor; Stephen Walsh, and Linda Moncys Isacson, Associate Solicitors. Of counsel were Scott C. Harris, Fish & Richardson, P.C., of La Jolla, California; and Charles L. Gholz, Oblon, Spivak, McClelland, Maier & Neustadt, of Arlington, Virginia.

Before MICHEL, LOURIE, and RADER, Circuit Judges.

RADER, Circuit Judge.

In a patent interference proceeding, the Board of Patent Appeals and Interferences held the claims of Dr. Peter B. Roemer's reissue patent application unpatentable over United States Patent No. 4,595,899 (the Smith patent). Punchard v. Roemer v. Mansfield, Patent Interference No. 102,854 (Sept. 29, 1999). Because the Board erred in determining that the Smith patent precludes patentability for claims 1-4, 33, and 34 of the Roemer reissue...

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