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IN RE HARRIS

Nos. 04-1370, 09/797,326.

409 F.3d 1339 (2005)

In re Kenneth HARRIS and Jacqueline B. Wahl

United States Court of Appeals, Federal Circuit.

Rehearing Denied June 30, 2005.

Attorney(s) appearing for the Case

James A. Mitchell, Price, Heneveld, Cooper, DeWitt & Litton, LLP, of Grand Rapids, Michigan, argued for appellants. With him on the brief was Gunther J. Evanina.

C. Edward Polk, Jr., Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With him on the brief was John M. Whealan, Solicitor, and William G. Jenks, Associate Solicitor. Of counsel was Linda Moncys Isacson.

Before CLEVENGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and RADER, Circuit Judge.

RADER, Circuit Judge.

The United States Patent and Trademark Office (PTO) Board of Patent Appeals and Interferences (Board) affirmed the PTO's rejection of claims 1-20 of Kenneth Harris and Jacqueline B. Wahl's (collectively Harris) U.S. Patent Application 09/797,326 ('326 Application) as obvious under 35 U.S.C. § 103. Ex Parte Harris, Appeal No.2003-1930, Paper No. 16 (B.P.A.I. Sept. 26, 2003) (Paper No. 16). The Board found a prima facie case of obviousness...

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