IN RE DROGE

No. 2011-1600.

695 F.3d 1334 (2012)

In re Peter DROGE, Nicole Christ, and Elke Lorbach.

United States Court of Appeals, Federal Circuit.

September 21, 2012.


Attorney(s) appearing for the Case

Jonathan S. Franklin , Fulbright & Jaworski L.L.P., of Washington, DC, argued for appellants. With him on the brief were Steven L. Highlander and Sheila Kadura , of Austin, Texas.

Mary L. Kelly , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for the Director of the United States Patent and Trademark Office. With her on the brief were Raymond T. Chen , Solicitor, and Kristi L.R. Sawert , Associate Solicitor. Of counsel was Amy J. Nelson .

Before NEWMAN, MOORE, and O'MALLEY, Circuit Judges.


MOORE, Circuit Judge.

Peter Droge, Nicole Christ, and Elke Lorbach (collectively, Droge) appeal from the decision by the Board of Patent Appeals and Interferences (Board) affirming the rejection of claims 29, 30, 32-39, 43-51, and 58 of U.S. Patent Application No. 10/082,772 ('772 application) as obvious under 35 U.S.C. § 103. Because the Board correctly held that the claims would have been obvious over the prior art, we affirm.

BACKGROUND

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