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IN RE FULTON

No. 04-1267.

391 F.3d 1195 (2004)

In re Daniel S. FULTON and James Huang

United States Court of Appeals, Federal Circuit.

DECIDED: December 2, 2004.

Attorney(s) appearing for the Case

Garth E. Janke, Birdwell & Janke, of Portland, Oregon, for appellants.

John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, for the Director of the United States Patent and Trademark Office. With him on the brief were W. Asa Hutchinson III, Attorney-Advisor, and William LaMarca, Associate Solicitor.

Before MICHEL, RADER, and GAJARSA, Circuit Judges.

MICHEL, Circuit Judge.

Appellants Daniel Fulton and James Huang appeal from the decision of the U.S. Patent and Trademark Office, Board of Patent Appeals and Interferences ("Board"), affirming the examiner's rejection of appellants' application for a utility patent on grounds that the invention claimed would have been obvious under 35 U.S.C. § 103(a). The appeal was submitted for decision without oral argument on November 5, 2004. Because the Board's finding...

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