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IN RE SUONG-HYU HYON

No. 2011-1239.

679 F.3d 1363 (2012)

In re SUONG-HYU HYON and Masanori Oka.

United States Court of Appeals, Federal Circuit.

May 24, 2012.

Attorney(s) appearing for the Case

George D. Moustakas, Harness, Dickey & Pierce, PLC, of Troy, MI, argued for appellant. With him on the brief was David L. Suter.

Amy J. Nelson, Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee. With her on the brief were Raymond T. Chen, Solicitor, and Janet A. Gongola, Associate Solicitor. Of counsel was Scott C. Weidenfeller, Associate Solicitor.

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

BRYSON, Circuit Judge.

This appeal arises from the examination of Reissue Application No. 10/643,674 ("the reissue application"), which stemmed from U.S. Patent No. 6,168,626 ("the '626 patent"). During prosecution, the examiner rejected all claims of the reissue application on two independent grounds: (1) obviousness over U.S. Patent No. 5,030,402 ("Zachariades") in view of U.S. Patent No. 3,886,056 ("Kitamaru"), and (2) impermissible recapture of subject matter...

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