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IN RE COMISKEY

No. 2006-1286. Serial No. 09/461,742.

499 F.3d 1365 (2007)

In re Stephen W. COMISKEY.

United States Court of Appeals, Federal Circuit.

September 20, 2007.

Attorney(s) appearing for the Case

Thomas J. Scott, Jr., Hunton & Williams LLP, of Washington, DC, argued for appellant. With him on the brief was Robert L. Kinder. Of counsel was Yisum Song.

Raymond T. Chen, Associate 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 Thomas W. Krause, Associate Solicitor.

Before MICHEL, Chief Judge, DYK and PROST, Circuit Judges.

DYK, Circuit Judge.

Appellant Stephen W. Comiskey ("Comiskey") appeals the decision of the Board of Patent Appeals and Interferences ("Board") affirming the examiner's rejection of claims 1-59 of his patent application as obvious in view of the prior art and therefore unpatentable under 35 U.S.C. § 103. We do not reach the Board's obviousness rejection of the independent claims under § 103 because we conclude that Comiskey's independent claims 1 and 32 and...

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