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IN RE KLOPFENSTEIN

No. 03-1583.

380 F.3d 1345 (2004)

In re Carol F. KLOPFENSTEIN and John L. Brent, Jr.

United States Court of Appeals, Federal Circuit.

DECIDED: August 18, 2004.

Attorney(s) appearing for the Case

John M. Collins, Hovey Williams LLP, of Kansas City, MO, argued for appellants. With him on the brief was Jill D. Singer. Of counsel was Gregory J. Skoch.

Henry G. Sawtelle, Associate Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for appellee. With him on the brief were John M. Whealan, Solicitor and Heather F. Auyang, Associate Solicitor.

Before MICHEL, SCHALL, and PROST, Circuit Judges.

PROST, Circuit Judge.

Carol Klopfenstein and John Brent appeal a decision from the Patent and Trademark Office's Board of Patent Appeals and Interferences ("Board") upholding the denial of their patent application. The Board upheld the Patent and Trademark Office's ("PTO's") initial denial of their application on the ground that the invention described in the patent application was not novel under 35 U.S.C. § 102(b) because it had already been described in a...

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