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IN RE KUMAR

No. 04-1074.

418 F.3d 1361 (2005)

In re Sujeet KUMAR, Hariklia Dris Reitz, Xiangxin Bi, and Nobuyuki Kambe.

United States Court of Appeals, Federal Circuit.

August 15, 2005.

Attorney(s) appearing for the Case

Peter S. Dardi, Patterson, Thuente, Skaar & Christensen, P.A., of Minneapolis, Minnesota, for appellants. With him on the brief was Tye Biasco. Of counsel were Randall T. Skaar and Eric H. Chadwick.

John M. Whealan, Solicitor, Office of the Solicitor, of Arlington, Virginia, for the Commissioner of Patent and Trademarks. With him on the brief were James R. Hughes and Stephen Walsh, Associate Solicitors.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

Sujeet Kumar, Hariklia Dris Reitz, Xiangxin Bi and Nobuyuki Kambe (together "Kumar") appeal the decision of the Board of Patent Appeals and Interferences of the Patent and Trademark Office, rejecting claims 1-3, 5-16, and 19-22 of patent application Serial No. 09/136,483 entitled "Aluminum Oxide Particles" as obvious under 35 U.S.C. § 103. We vacate the Board's decision and remand for further proceedings.

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