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IN RE KLEIN

No. 2010-1411.

647 F.3d 1343 (2011)

In re Arnold G. KLEIN.

United States Court of Appeals, Federal Circuit.

June 6, 2011.

Attorney(s) appearing for the Case

Louis W. Tompros , Wilmer, Cutler, Pickering, Hale and Dorr, LLP, of Boston, MA, argued for appellant. With him on the brief were Larissa B. Park and Katherine B. Dirks .

Christina J. Hieber , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee. With her on the brief were Raymond T. Chen , Solicitor, and Robert J. McManus , Associate Solicitor.

Before NEWMAN, SCHALL, and LINN, Circuit Judges.

SCHALL, Circuit Judge.

Arnold G. Klein appeals the final decision of the Board of Patent Appeals and Interferences ("Board") affirming the rejection of certain claims of U.S. Patent Application No. 10/200,747 ("'747 application") as obvious under 35 U.S.C. § 103. Ex Parte Arnold Gregory Klein, No. 2009-005721, 2010 WL 1250668 (B.P.A.I. Mar. 29, 2010) ("Decision"). Because the Board's finding that five references at issue are analogous art is not...

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