IN RE BUSZARD

No. 2006-1489. Serial No. 10/429,429.

504 F.3d 1364 (2007)

In re David BUSZARD, Matthew D. Phillips, Richard S. Rose and Stephen B. Falloon.

United States Court of Appeals, Federal Circuit.

September 27, 2007.


Attorney(s) appearing for the Case

Thomas A. Ladd, Baker & Daniels LLP, of Indianapolis, IN, argued for appellants.

Shannon M. Hansen, Associate Solicitor, Office of the 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 were John M. Whealan, Solicitor, and Heather F. Auyang, Associate Solicitor.

Before NEWMAN, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.


Opinion for the court filed by Circuit Judge NEWMAN. Dissenting opinion filed by Circuit Judge PROST.

NEWMAN, Circuit Judge.

Patent applicants David Buszard, Matthew D. Phillips, Richard S. Rose and Stephen B. Falloon (together "Buszard") seek review of the decision of the Board of Patent Appeals and Interferences1 holding all of the claims in the patent application unpatentable on the ground of anticipation, 35 U.S.C. § 102...

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