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IN RE ICON HEALTH AND FITNESS, INC.

No. 2006-1573.

496 F.3d 1374 (2007)

In re ICON HEALTH AND FITNESS, INC.

United States Court of Appeals, Federal Circuit.

August 1, 2007.

Attorney(s) appearing for the Case

Larry R. Laycock, Workman Nydegger, of Salt Lake City, UT, argued for appellant. With him on the brief was William R. Richter.

Robert J. McManus, 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 him on the brief were John M. Whealan, Solicitor and William LaMarca, Associate Solicitor.

Before MAYER, SCHALL, and PROST, Circuit Judges.

PROST, Circuit Judge.

ICON Health & Fitness, Inc. ("Icon") appeals from a decision by the Board of Patent Appeals and Interferences ("Board") during reexamination of Icon's U.S. Patent No. 5,676,624 ("the '624 patent"). Ex parte ICON Health & Fitness, Reexam. No. 90/005,117, Appeal No.2006-0790, 2006 WL 1665623 (B.P.A.I. May 16, 2006) ("Board Decision"). Finding no error in the Board's decision, we affirm its decision holding Icon's claims unpatentable...

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