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IN RE FALLAUX

No. 2008-1545.

564 F.3d 1313 (2009)

In re Frits Jacobus FALLAUX, Robert Cornelis Hoeben, Alex Jan Van Der Eb, Abraham Bout, and Domenico Valerio.

United States Court of Appeals, Federal Circuit.

May 6, 2009.

Attorney(s) appearing for the Case

David V. Trask, TraskBritt, P.C., of Salt Lake City, UT, argued for appellants. With him on the brief were Edgar R. Cataxinos, and Steffen Soller.

William G. Jenks, 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 Raymond T. Chen, Solicitor, and Mary L. Kelly, Associate Solicitor.

Before SCHALL, ARCHER, and MOORE, Circuit Judges.

MOORE, Circuit Judge.

Frits Jacobus Fallaux and the other appellants (collectively, Dr. Fallaux) are the named inventors on U.S. Patent Application No. 10/618,526 (the '526 or Fallaux application), filed on July 11, 2003. The examiner rejected claims 1, 3-7, 10, 11, 16, 21-22, and 25 (the Fallaux claims) for obviousness-type double patenting in view of claims 43 and 44 of U.S. Patent No. 6,340,595 (the '595 patent) and claims 7, 32, and 35 of U.S. Patent No. 6,413...

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