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IN RE GIACOMINI

No. 2009-1400.

612 F.3d 1380 (2010)

In re Peter Joseph GIACOMINI, Walter Michael Pitio, Hector Francisco Rodriguez, and Donald David Schugard.

United States Court of Appeals, Federal Circuit.

July 7, 2010.

Attorney(s) appearing for the Case

Jason Paul Demont, DeMont & Breyer, LLC, of Holmdel, NJ, argued for appellants. With him on the brief was Robert L. Greenberg. Of counsel was Josephine A. Paltin.

Thomas L. Stoll, 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 Thomas W. Krause, Associate Solicitor.

Before RADER, Chief Judge, GAJARSA and DYK, Circuit Judges.

RADER, Chief Judge.

Peter Joseph Giacomini, Walter Michael Pitio, Hector Francisco Rodriguez, and Donald David Shugard (collectively, "Giacomini") appeal from a decision of the Board of Patent Appeals and Interferences ("Board") rejecting certain claims of U.S. Patent Application No. 09/725,737 as anticipated under 35 U.S.C. § 102. Ex parte Giacomini, No. 2009-0139, 2009 WL 1031659 (B.P.A.I. Apr. 15, 2009). Giacomini argues that the anticipatory reference...

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