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IN RE BEINEKE

Nos. 2011-1459, 2011-1460.

690 F.3d 1344 (2012)

In re Walter F. BEINEKE.

United States Court of Appeals, Federal Circuit.

August 6, 2012.

Attorney(s) appearing for the Case

Alice O. Martin , Barnes & Thornburg, LLP, of Chicago, IL, argued for appellant. With her on the brief were James R. Burdett and Richard B. Lazarus .

Raymond T. Chen , Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Alexandria, VA, argued for appellee. With him on the brief were Amy J. Nelson and Nathan K. Kelley , Associate Solicitors.

Before DYK, SCHALL, and REYNA, Circuit Judges.

DYK, Circuit Judge.

Walter F. Beineke ("Beineke") appeals from the decisions of the Board of Patent Appeals and Interferences ("Board") affirming the examiner's rejection of two plant patent applications under 35 U.S.C. § 161. Ex parte Beineke ("2011-1459 Final Decision"), No. 2010-011045 (B.P.A.I. Mar. 16, 2011); Ex parte Beineke ("2011-1460 Final Decision"), No. 2010-011047 (B.P.A.I. Mar. 16, 2011). We affirm.

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