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IN RE BERGER

No. 01-1129.

279 F.3d 975 (2002)

In re Kenneth L. BERGER.

United States Court of Appeals, Federal Circuit.

DECIDED: January 29, 2002.

Attorney(s) appearing for the Case

Edward S. Irons, of Washington, DC, for appellant.

John M. Whealan, Solicitor, Office of the Solicitor, Patent and Trademark Office, of Arlington, VA for appellee. With him on the brief were Bruce J. Chasan, and Kristin L. Yohannan, Associate Solicitors. Of counsel was William LaMarca, Attorney, Office of the Solicitor.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and LINN, Circuit Judge.

LINN, Circuit Judge.

Kenneth L. Berger appeals the decision of the Board of Patent Appeals and Interferences ("Board") affirming the examiner's rejection of claims 1-4 and 8-20 under 35 U.S.C. § 112, paragraph 2, and of claim 7 under 35 U.S.C. §§ 102(e) and 135(b). Berger also seeks review of the Board's decision declining to review the examiner's refusal to enter amendments after final rejection of the claims. Because the Board did not err in affirming...

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