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IN RE McNEIL-PPC, INC.

No. 2008-1546.

574 F.3d 1393 (2009)

In re McNEIL-PPC, INC.

United States Court of Appeals, Federal Circuit.

July 31, 2009.

Attorney(s) appearing for the Case

Dianne B. Elderkin, Woodcock Washburn, LLP, of Philadelphia, PA, argued for appellant. With her on the brief were Wendy A. Choi and William F. Smith. Of counsel was Ruben H. Munoz.

Christina J. Hieber, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the Director of the United States Patent and Trademark Office. With her on the brief were Raymond T. Chen, Solicitor, and William G. Jenks, Associate Solicitor. Of counsel was Robert J. McManus, Associate Solicitor.

Opinion for the court filed by Chief Judge MICHEL. Circuit Judge DYK dissents.

MICHEL, Chief Judge.

McNeil-PPC, Inc. appeals rejections of claims as obvious. The Director of the U.S. Patent and Trademark Office ("PTO") seeks dismissal of McNeil's appeal as untimely. Because we determine that McNeil's appeal is timely, we reach the merits and, because the Board of Patent Appeals and Interferences findings about the disclosures of a prior art patent application are not supported by substantial evidence, we reverse the claim rejections.

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