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IN RE HUAI-HUNG KAO

Nos. 2010-1307, 2010-1308, 2010-1309.

639 F.3d 1057 (2011)

In re HUAI-HUNG KAO, Anand R. Baichwal, Troy McCall, and David Lee In re Huai-Hung Kao, Anand R. Baichwal, Troy McCall, and David Lee In re Harry Ahdieh.

United States Court of Appeals, Federal Circuit.

May 13, 2011.

Attorney(s) appearing for the Case

Jeffrey I.D. Lewis , Patterson, Belknap Webb & Tyler, LLP, of New York, NY, argued for appellants. With him on the briefs were Melissa Mandrgoc , and Catherine A. Williams ; and Guy Donatiello , Endo Pharmaceuticals, Inc., of Chadds Ford, PA; and Joseph Mahoney , Mayer Brown LLP, of Chicago, IL.

Frances M. Lynch , Associate Solicitor, Office of the Solicitors, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee in both 2010-1307 and 2010-1308. Benjamin D.M. Wood , Associate Solicitor, argued for appellee in 2010-1309. With them on the briefs was Raymond T. Chen , Solicitor.

Before RADER, Chief Judge, LINN and MOORE, Circuit Judges.

LINN, Circuit Judge.

Endo Pharmaceuticals, Inc. ("Endo") is the assignee of three patent applications related to controlled-release tablets containing the opioid narcotic oxymorphone. The Board of Patent Appeals and Interferences ("the Board"), in separate appeals, affirmed the rejection of the claims of each application as obvious, and Endo has separately appealed each decision to this court.

The Board affirmed the rejection of all pending claims of United...

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