No. 04-1465.

421 F.3d 1365 (2005)

In re Dane K. FISHER and Raghunath V. Lalgudi.

United States Court of Appeals, Federal Circuit.

September 7, 2005.

Attorney(s) appearing for the Case

Seth P. Waxman, Wilmer Cutler Pickering Hale and Dorr LLP, of Washington, DC, argued for appellants. With him on the brief were William F. Lee and Richard W. O'Neill, of Boston, Massachusetts; and William G. McElwain and Henry N. Wixon, of Washington, DC.

Stephen Walsh, Associate Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the Patent and Trademark Office. With him on the brief were John M. Whealan, Solicitor, and Thomas W. Krause, Associate Solicitor.

Joseph A. Keyes, Jr., of Washington, DC, for amicus curiae Association of American Medical Colleges.

Marc S. Gold, of Washington, DC, for amicus curiae National Academy of Sciences.

Donald R. Stuart, of Indianapolis, Indiana, for amicus curiae Dow AgroSciences LLC. With him on the brief was Kenneth B. Ludwig.

Paula K. Davis, of Indianapolis, Indiana, for amicus curiae Eli Lilly and Company. With her on the brief were Steven P. Caltrider and James J. Kelley.

Michael C. Schiffer, of Irvine, California, for amicus curiae Baxter Healthcare Corporation.

Darrel C. Karl, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, for amicus curiae American College of Medical Genetics.

Jeffrey P. Kushan, Sidley Austin Brown & Wood, LLP, of Washington, DC, for amicus curiae Genentech, Inc. With him on the brief were Kathi A. Cover and David L. Fitzgerald.

George C. Yu, of Emeryville, California, for amicus curiae Affymetrix, Inc.

Before MICHEL, Chief Judge, RADER and BRYSON, Circuit Judges.

Opinion for the court filed by Chief Judge MICHEL.

Dissenting opinion filed by Circuit Judge RADER.

MICHEL, Chief Judge.

Dane K. Fisher and Raghunath Lalgudi (collectively "Fisher")1 appeal from the decision of the U.S. Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences ("Board") affirming the examiner's final rejection of the only pending claim of application Serial No. 09/619,643

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