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IN RE SWANSON

No. 2007-1534.

540 F.3d 1368 (2008)

In re Melvin J. SWANSON and Patrick E. Guire.

United States Court of Appeals, Federal Circuit.

September 4, 2008.

Attorney(s) appearing for the Case

Robert M. Asher, Bromberg & Sunstein LLP, of Boston, Massachusetts, argued for appellants.

Mary L. Kelly, Associate 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 were Stephen Walsh, Acting Solicitor, and Robert J. McManus, Associate Solicitor.

Before LOURIE, BRYSON, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

This is an appeal from the United States Patent and Trademark Office's ("PTO") Board of Patent Appeals and Interferences ("Board"). The Board upheld the examiner's rejection of claims 22-25 of U.S. Patent No. 5,073,484 ("the '484 patent") in a reexamination proceeding. In re Swanson, No.2005-0725, Reexamination No. 90/006,785 (B.P.A.I. May 29, 2007). Previously, this court had affirmed a district court judgment that claims 22 and 23...

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