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BERMAN v. HOUSEY

No. 01-1311.

291 F.3d 1345 (2002)

Phillip W. BERMAN, Timothy J. Gregory, Laurence A. Lasky, Gerald R. Nakamura, Eric J. Patzer, John S. Patton, and Ellen S. Vitetta, Appellants, v. Gerard M. HOUSEY, Appellee.

United States Court of Appeals, Federal Circuit.

May 29, 2002.

Attorney(s) appearing for the Case

R. Danny Huntington, Burns, Doane, Swecker & Mathis, L.L.P., of Alexandria, VA, argued for appellants. With him on the brief were Donna M. Meuth, and Bruce Wieder.

Steven J. Lee, Kenyon & Kenyon, of New York, NY, argued for appellee. With him on the brief was Kenneth R. Corsello.

John M. Whealan, Solicitor, Office of the Director, United States Patent and Trademark Office, of Arlington, VA, for amicus curiae The Director of the United States Patent and Trademark Office. With him on the brief were Mark Nagumo, and Linda Moncys Isacson, Associate Solicitors.

Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

LOURIE, Circuit Judge.

Phillip W. Berman, Timothy J. Gregory, Laurence A. Lasky, Gerald R. Nakamura, Eric J. Patzer, John S. Patton, and Ellen S. Vitetta (collectively, "Berman") appeal from the decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences entering judgment in favor of Gerard M. Housey and dismissing Berman's unpatentability motion as moot. Berman v. Housey, Inter. No. 104,347, slip op. at 17 (Bd. Pat....

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