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IN RE SUITCO SURFACE, INC.

No. 2009-1418.

603 F.3d 1255 (2010)

In re SUITCO SURFACE, INC.

United States Court of Appeals, Federal Circuit.

April 14, 2010.

Attorney(s) appearing for the Case

George C. Summerfield, Stadheim & Grear, Ltd., of Chicago, IL, argued for appellant.

Joseph G. Piccolo, 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 Scott C. Weidenfeller, Associate Solicitor.

Kevin H. Rhodes, 3M Innovative Properties Company, of St. Paul, MN, for amicus curiae.

Before RADER, PROST, and MOORE, Circuit Judges.

RADER, Circuit Judge.

The United States Patent and Trademark Office (the "PTO") rejected certain claims of U.S. Patent No. 4,944,514 (the "'514 patent"), owned by Suitco Surface, Inc., as anticipated during a reexamination proceeding. Because the PTO's rejection was based on an unreasonable construction, this court vacates and remands.

I.

The '514 patent claims a "floor finishing material" for use on athletic courts, bowling lanes, and other...

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