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IN RE LISTER

No. 2009-1060. No. 08/692,201.

583 F.3d 1307 (2009)

In re Richard S. LISTER.

United States Court of Appeals, Federal Circuit.

September 22, 2009.

Attorney(s) appearing for the Case

Peter M. Midgley, Jr., Zarian Midgley & Johnson PLLC, of Boise, ID, argued for appellant. Of counsel was Rexford A. Johnson.

Joseph G. Piccolo, 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 Benjamin D.M. Wood, Associate Solicitor.

Before GAJARSA, LINN and PROST, Circuit Judges.

PROST, Circuit Judge.

Dr. Richard Lister appeals from a decision of the Board of Patent Appeals and Interferences ("Board") that affirmed the examiner's rejection of claims 21-25 of his application under 35 U.S.C. § 102(b). Because the record does not contain sufficient evidence that the prior art reference relied upon by the Board was publicly accessible more than one year prior to the date on which Dr. Lister filed his patent application, we vacate and remand...

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