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IN RE AOYAMA

No. 2010-1552. Serial No. 10/798,505.

656 F.3d 1293 (2011)

In re Keisuke AOYAMA, Kojiro Toyoshima, and Yoshitaka Ezaki.

United States Court of Appeals, Federal Circuit.

August 29, 2011.

Attorney(s) appearing for the Case

Christopher J. Rourk , Jackson Walker, L.L.P., of Dallas, TX, argued for the appellant.

Thomas W. Krause , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for the appellee. With him on the brief were Raymond T. Chen , Solicitor, and Scott C. Weidenfeller , Associate Solicitor.

Opinion for the court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge NEWMAN.

LINN, Circuit Judge.

Mitsui Bussan Logistics, Inc. ("Mitsui") is the assignee of U.S. Patent Application No. 10/798,505 titled "System and Method for Distribution Chain Management" and appeals the affirmance by the Board of Patent Appeals and Interferences ("Board") of the examiner's rejection of claims 11 and 21 as anticipated by U.S. Patent Application Pub.2001/0034673 to Yang et al. ("Yang"). Because the Board erred in construing the means-plus-function...

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