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IN RE GLEAVE

No. 2008-1453.

560 F.3d 1331 (2009)

In re Martin GLEAVE and Maxim Signaevsky.

United States Court of Appeals, Federal Circuit.

March 26, 2009.

Attorney(s) appearing for the Case

Marina T. Larson, Marina Larson & Associates, LLC, of Dillon, CO, argued for appellants.

Mary L. Kelly, Associate Solicitor, Solicitor's Office. 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 was Frances M. Lynch, Associate Solicitor. Of counsel was Raymond T. Chen, Solicitor.

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

PROST, Circuit Judge.

Martin Gleave and Maxim Signaevsky (collectively, "Gleave") filed U.S. Patent Application No. 10/346,493 ("'493 application") on January 17, 2003. The examiner rejected claims 1, 4, 15, and 18-21 as indefinite under 35 U.S.C. § 112, ¶ 2 and as anticipated or obvious under 35 U.S.C. § 102(b)/103(a). The United States Patent and Trademark Office Board of Patent Appeals and Interferences ("Board") reversed the examiner's § 112...

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