IN RE CURTIS

No. 03-1215.

354 F.3d 1347 (2004)

In re John P. CURTIS, James H. Kemp, and Jan-Joost Pabst.

United States Court of Appeals, Federal Circuit.

January 6, 2004.


Attorney(s) appearing for the Case

James Galbraith, Kenyon & Kenyon, of New York, NY, argued for appellant. On the brief were Patrick J. Birde, Donna M. Praiss, Mark A. Chapman, and Michael K. Levy.

William LaMarca, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for appellee. With him on the brief were John M. Whealan, Solicitor; and Raymond T. Chen, Associate Solicitor.

David H. Pfeffer, Morgan & Finnegan, L.L.P., of New York, NY, for amicus curiae W.L. Gore & Associates, Inc. With him on the brief were J. Robert Dailey and Michael S. Marcus, Morgan & Finnegan, L.L.P., of Washington, DC.

Before CLEVENGER, DYK and PROST, Circuit Judges.


CLEVENGER, Circuit Judge.

John P. Curtis, James H. Kemp, and Jan-Joost Pabst (collectively "Curtis") seek review of the decision of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences ("Board") affirming the final rejections, during merged reissue and reexamination proceedings, of claims 1-4, 7-13, 15-18, 20-27, 29-32, 34-36, 38-46, 51, 52/21, 52/32, 52/34, 52/38, 52/39, 53/21, 53/32, 53/34, 53/38, and 53/39 of U.S. Patent...

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