IN RE ELSNER

Nos. 03-1569, 03-1585.

381 F.3d 1125 (2004)

In re Wilhelm ELSNER. In re Keith W. Zary.

United States Court of Appeals, Federal Circuit.

DECIDED: August 16, 2004.


Attorney(s) appearing for the Case

Julie W. Meder, Webb Ziesenheim Logsdon Orkin & Hanson, P.C., of Pittsburgh, PA, argued for appellant. Russell D. Orkin for appellant.

John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for appellee. With him on the brief were Stephen Walsh and Linda Moncys Isacson, Associate Solicitors.

Kenneth S. Klarquist, Klarquist Sparkman, LLP, of Portland, OR, argued for appellant. With him on the brief was Kevin M. Hayes.

John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief were Stephen Walsh and Linda Moncys Isacson, Associate Solicitors.

Patrick H. Ballew, Stratton Ballew PLLC, of Yakima, WA, for amicus curiae Northwest Nursery Improvement Institute, Inc. Of counsel was Rex B. Stratton, of Seattle, WA.

Before LOURIE, CLEVENGER, and BRYSON, Circuit Judges.


LOURIE, Circuit Judge.

Wilhelm Elsner appeals from the decision of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences affirming the rejection of claim 1 of United States plant patent application 09/664,247 as anticipated under 35 U.S.C. § 102(b). Ex Parte Elsner, No.2003-0841 (Bd. Pat. Apps. & Interfs., Mar. 26, 2003). Similarly, Keith Zary appeals from the decision of the Board affirming the § 102...

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