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IN RE NUIJTEN

No. 2006-1371. Serial No. 09/211,928.

500 F.3d 1346 (2007)

In re Petrus A.C.M. NUIJTEN.

United States Court of Appeals, Federal Circuit.

September 20, 2007.

Attorney(s) appearing for the Case

Jack E. Haken, Philips Intellectual Property & Standards, of Briarcliff Manor, NY, argued for appellant. Of counsel was Larry Liberchuk.

Raymond T. Chen, Associate Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief was Thomas W. Krause, Associate Solicitor.

Robert R. McKelvie, Covington and Burling LLP, of Washington, DC, for amicus curiae. With him on the brief was Peter Swanson. Of counsel on the brief were Marc S. Adler and Richard F. Phillips, Intellectual Property Owners Association, of Washington, DC. Of counsel was Herbert C. Wamsley.

Before GAJARSA, LINN, and MOORE, Circuit Judges.

Opinion for the court filed by Circuit Judge GAJARSA. Opinion concurring-in-part and dissenting-in-part filed by Circuit Judge LINN.

GAJARSA, Circuit Judge.

The issue before the court is whether or not a signal is patentable subject matter. Petrus A.C.M. Nuijten appeals the decision of the Board of Patent Appeals and Interferences ("Board") of the United States Patent and Trademark Office ("PTO"), which rejected claims 14, 22, 23, and 24 in his patent application...

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