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IN RE HUSTON

No. 02-1048.

308 F.3d 1267 (2002)

In re Charles D. HUSTON and Darryl J. Cornish.

United States Court of Appeals, Federal Circuit.

DECIDED: October 17, 2002.

Attorney(s) appearing for the Case

Charles D. Houston, Thompson & Knight, L.L.P., of Austin, Texas, argued for appellants.

Sydney O. Johnson, Jr., Associate Solicitor, Office of the Solicitor, Patent and Trademark Office, of Arlington, Virginia, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and William LaMarca, Associate Solicitor. Of counsel was Stephen Walsh, Associate Solicitor.

Before MAYER, Chief Judge, DYK, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK. Dissenting opinion filed by Circuit Judge PROST.

DYK, Circuit Judge.

Charles D. Huston and Darryl J. Cornish ("appellants") appeal the decision of the United States Board of Patent Appeals and Interferences ("Board") affirming the final rejection of claims 1, 5-18, and 21-26 of U.S. Application Serial No. 08/926,293 ("the '293 application"). Ex parte Huston, No. 00-0947 (Bd. Pat.App. & Int. July...

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