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IN RE LEITHEM

No. 2011-1030. Serial No. 09/863,585.

661 F.3d 1316 (2011)

In re Phyllis LEITHEM, Charles A. Kremers, W. Paul Harrell, Stephen Lewis, Karl D. Sears, Quan He, and Peter R. Abitz.

United States Court of Appeals, Federal Circuit.

September 19, 2011.

Attorney(s) appearing for the Case

William J. Spatz , Kramer Levin Naftalis & Frankel LLP, of New York, New York, argued for appellants. With him on the brief was Jean-Paul Ciardullo.

Mary L. Kelly , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With her on the brief were Raymond T. Chen , Solicitor and Frances M. Lynch , Associate Solicitor.

Before NEWMAN, BRYSON, and LINN, Circuit Judges.

LINN, Circuit Judge.

Phyllis Leithem et al. (collectively, "Leithem") appeal the decision of the Board of Patent Appeals and Interferences ("Board") sustaining the unpatentability of the sole pending claim of U.S. Patent Application No. 09/863,585 (filed May 16, 2001) ("the '585 Application") for obviousness. Ex parte Leithem, No.2008-0222, 2008 WL 4105790 (B.P.A.I. Sept. 4, 2008) ("Decision"), reconsideration...

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