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IN RE ALONSO

No. 2008-1079.

545 F.3d 1015 (2008)

In re Kenneth ALONSO.

United States Court of Appeals, Federal Circuit.

October 30, 2008.

Attorney(s) appearing for the Case

Jennifer A. Johnson, Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P., of Washington, DC, argued for appellant. With her on the brief was Susan H. Griffen.

Janet A. Gongola, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, argued for the Director of the United States Patent and Trademark Office. With her on the brief was Thomas W. Krause, Associate Solicitor. Of counsel was Sydney O. Johnson, Jr., Acting Solicitor.

Before MICHEL, Chief Judge, MAYER, Circuit Judge, and STEARNS, District Judge.

STEARNS, District Judge.

Dr. Kenneth Alonso appeals a decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences ("Board") sustaining in part the examiner's final rejection of claim 92 of U.S. Patent Application No. 08/469,749 ("`749 Application"). In its decision, the Board reversed the examiner's rejection of claim 92 for lack of enablement and sustained the rejection as invalid for lack of adequate written description. ...

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