IN RE CRISH

No. 04-1075.

393 F.3d 1253 (2004)

In re James F. CRISH and Richard L. Eckert (Serial No. 08/822,509).

United States Court of Appeals, Federal Circuit.

December 21, 2004.


Attorney(s) appearing for the Case

Peter G. Carroll, Medlen & Carroll, LLP, of San Francisco, California, argued for appellants. With him on the brief was Thomas W. Brown.

Mary L. Kelly, Associate Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With her on the brief were John M. Whealan, Solicitor, and William G. Jenks, Associate Solicitor.

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


LOURIE, Circuit Judge.

James F. Crish and Robert L. Eckert (collectively, "Crish") appeal from the decision of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences affirming the rejection of claims 53-55 of United States patent application 08/822,509 as unpatentable on the ground of anticipation under 35 U.S.C. § 102(b). Ex Parte Crish, Appeal No. 2002-0533 (Bd. Pat. Apps. & Interfs. July 16, 2003). We affirm...

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