IN RE MOSTAFAZADEH

No. 2010-1260.

643 F.3d 1353 (2011)

In re Shahram MOSTAFAZADEH and Joseph O. Smith.

United States Court of Appeals, Federal Circuit.

Decided. May 3, 2011.


Attorney(s) appearing for the Case

Steve D. Beyer , Beyer Law Group LLP, of Cupertino, CA, argued for appellants. With him on the brief was Edward Van Gieson .

Janet A. Gongola , Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for the Director of the United States Patent and Trademark Office. With her on the brief were Raymond T. Chen , Solicitor, and Frances M. Lynch , Associate Solicitor.

Before DYK, FRIEDMAN, and PROST, Circuit Judges.


DYK, Circuit Judge.

Shahram Mostafazadeh and Joseph O. Smith (collectively, "applicants") appeal from a decision of the United States Patent and Trademark Office, Board of Patent Appeals and Interferences ("Board"). The Board affirmed the examiner's rejection of claims 11-23 in the applicants' reissue patent application. Ex Parte Mostafazadeh, No. 2009-04238, 2009 WL 2712148 (B.P.A.I. Aug. 27, 2009) [hereinafter Board Decision]. Because the reissue application...

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