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IN RE McDANIEL

No. 01-1307.

293 F.3d 1379 (2002)

In re C. Steven McDANIEL, Frank M. Raushel, and James R. Wild.

United States Court of Appeals, Federal Circuit.

June 19, 2002.

Attorney(s) appearing for the Case

C. Steven McDaniel, McDaniel & Associates, P.C., of Austin, TX, argued for appellants.

Kristin L. Yohannan, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for appellee. With her on the brief were John M. Whealan, Solicitor; and Steven Walsh, Associate Solicitor.

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

Opinion for the court filed by Circuit Judge LINN. Opinion dissenting-in-part filed by Chief Judge MAYER.

LINN, Circuit Judge.

Dr. C. Steven McDaniel, Dr. Frank M. Raushel, and Dr. James R. Wild (collectively "McDaniel") appeal from the decision of the United States Patent and Trademark Office, Board of Patent Appeals and Interferences ("Board") affirming the rejections of Claims 53-64 of McDaniel's Application No. 08/252,384 as unpatentable under 35 U.S.C...

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