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IN RE MONTGOMERY

No. 2011-1376.

677 F.3d 1375 (2012)

In re Hugh Edward MONTGOMERY, John Francis Martin, and Jorge Daniel Erusalimsky.

United States Court of Appeals, Federal Circuit.

May 8, 2012.

Attorney(s) appearing for the Case

J. Mark Pohl , Pharmaceutical Patent Attorneys, LLC, of Morristown, NJ, argued for appellants.

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

Before LOURIE, DYK, and PROST, Circuit Judges.

Opinion for the court filed by Circuit Judge DYK.

Dissenting opinion filed by Circuit Judge LOURIE.

DYK, Circuit Judge.

Hugh Edward Montgomery, John Francis Martin, and Jorge Daniel Erusalimsky (collectively, "Montgomery") appeal from a decision of the Board of Patent Appeals and Interferences ("Board") affirming the examiner's rejection of claims 42, 43, and 45 of U.S. Patent Application Serial No. 11/118,824 (the "'824 application") as anticipated...

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