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IN RE BAXTER INTERN., INC.

No. 2011-1073.

678 F.3d 1357 (2012)

In re BAXTER INTERNATIONAL, INC.

United States Court of Appeals, Federal Circuit.

May 17, 2012.

Attorney(s) appearing for the Case

William F. Lee , Wilmer Cutler Pickering Hale and Dorr, LLP, of Boston, MA, argued for the appellant. With him on the brief were William G. McElwain , David L. Cavanaugh , Todd C. Zubler , Thomas G. Saunders and Heather M. Petruzzi , of Washington, DC.

Sydney O. Johnson, Jr. , 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 Janet A. Gongola , Associate Solicitor. Of counsel was Scott C. Weidenfeller , Associate Solicitor.

Michael E. Florey , Fish & Richardson P.C., of Minneapolis, MN, for amici curiae, Fresenius USA, Inc., et al.

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

LOURIE, Circuit Judge.

Baxter International Inc. ("Baxter") appeals from the decision of the Board of Patent Appeals and Interferences ("the Board") affirming the examiner's rejections of claims 26-31 of U.S. Patent 5,247,434 ("the '434 patent") for obviousness under 35 U.S.C. § 103(a). See Ex parte Baxter Int'l, Inc., No. 2009-006493, 2010 WL 1048980 (B.P.A.I. Mar. 18, 2010) ("Board Decision"); Ex parte Baxter Int'l, Inc., No. 2009-006493...

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