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IN RE SULLIVAN

No. 2006-1507. Serial No. 08/405,454.

498 F.3d 1345 (2007)

In re John B. SULLIVAN and Findlay E. Russell.

United States Court of Appeals, Federal Circuit.

August 29, 2007.

Attorney(s) appearing for the Case

Lawrence M. Green, Wolf, Greenfield & Sacks, P.C., of Boston, MA, argued for appellants. With him on the brief were Michael T. Siekman and Charles T. Steenburg.

Janet A. Gongola, Associate Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office. With her on the brief was Stephen Walsh, Acting Solicitor.

Before NEWMAN, LOURIE, and GAJARSA, Circuit Judges.

LOURIE, Circuit Judge.

Sullivan and Russell (collectively "applicant") appeal from the decision of the United States Patent and Trademark Office ("the PTO") Board of Patent Appeals and Interferences ("the Board") affirming the examiner's final rejection of claims 40-42 and 50 of application Serial No. 08/405,454 ("the '454 application") under 35 U.S.C. § 103 as having been obvious over two prior art references. In re Sullivan, No. 2006-0220 (B.P.A.I. Mar...

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