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YORKEY v. DIAB

No. 2008-1577.

601 F.3d 1279 (2010)

Thomas J. YORKEY, Appellant, v. Mohamed K. DIAB, Esmaiel Kiani-Azrbay Jany, Ibrahim M. Elfadel, Rex J. McCarthy, Walter M. Weber, and Robert A. Smith, Appellees.

United States Court of Appeals, Federal Circuit.

April 7, 2010.

Attorney(s) appearing for the Case

Robert C. Morgan, Ropes & Gray LLP, of New York, NY, argued for appellant. With him on the brief was Marina Len.

Joseph R. Re, Knobbe, Martens, Olson & Bear, LLP, of Irvine, CA, argued for appellees. With him on the brief were Brenton R. Babcock, Irfan A. Lateef and Jarom D. Kesler.

Before MICHEL, Chief Judge, GAJARSA, Circuit Judge, and KENDALL, District Judge.

MICHEL, Chief Judge.

Appellant Thomas J. Yorkey ("Yorkey") appeals from a decision of the Board of Patent Appeals and Interferences (the "Board") denying his motion seeking invalidity of claims 16-18 and 21 of Appellees Mohamed K. Diab, Esmaiel Kiani-Azraby Jany, Ibrahim M. Elfadel, Rex J. McCarthy, Walter M. Weber, and Robert A. Smith's (collectively "Diab") U.S. Patent Application Ser. No. 09/110,542 (the "Diab application...

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