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IN RE HARUNA

No. 00-1283.

249 F.3d 1327 (2001)

In re Tsutomu HARUNA and Sado Kita (Serial No. 29/058,031).

United States Court of Appeals, Federal Circuit.

Decided: April 18, 2001.

Attorney(s) appearing for the Case

Andrew J. Patch, Young & Thompson, of Arlington, VA, argued for appellants.

Joseph G. Piccolo, Associate Solicitor, Office of the Solicitor, of Arlington, VA, argued for appellee, Director of the United States Patent and Trademark Office. With him on the brief were John M. Whealan, Solicitor; and Sydney O. Johnson, Jr., Associate Solicitor.

Before SCHALL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and GAJARSA, Circuit Judge.

SCHALL, Circuit Judge.

Tsutomu Haruna and Sado Kita (collectively, "Haruna") appeal the decision of the United States Board of Patent Appeals and Interferences ("Board") that upheld the examiner's rejection of the sole claim in design patent application serial number 29/058,031 (the "'031 application"). In re Haruna, No.1999-2020 (Bd. Pat.App. & Int. Dec. 20, 1999). The Board affirmed the examiner's rejection of the claim as being unpatentable under 35...

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