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IN RE CONSTRUCTION EQUIPMENT CO.

No. 2010-1507. Reexamination No. 90/008,447.

665 F.3d 1254 (2011)

In re CONSTRUCTION EQUIPMENT COMPANY.

United States Court of Appeals, Federal Circuit.

As Corrected December 15, 2011.

Attorney(s) appearing for the Case

Peter E. Heuser , Schwabe Williamson & Wyatt PC, of Portland, OR, argued for appellant. With him on the brief was Devon Zastrow Newman.

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

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

PROST, Circuit Judge.

Construction Equipment Company ("CEC") appeals from reexamination proceedings in which the United States Patent and Trademark Office ("PTO") rejected numerous claims sought by CEC. Ex parte Constr. Equip. Co., No. 2009-5265, 2009 WL 2807871 (B.P.A.I.2009) ("BPAI Op."), reh'g denied, 2010 WL 2157846 (B.P.A.I. May 28, 2010) ("Reh'g Denial"). Because we agree with the PTO's conclusion that the claims at issue were obvious...

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