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IN RE ABBOTT DIABETES CARE INC.

Nos. 2011-1516, 2011-1517. Reexamination Nos. 90/007,903, 90/007,910.

696 F.3d 1142 (2012)

In re ABBOTT DIABETES CARE INC.

United States Court of Appeals, Federal Circuit.

September 28, 2012.

Attorney(s) appearing for the Case

Gregory A. Castanias , Jones Day, of Washington, DC, argued for appellant. With him on the brief were Thomas E. Friebel , of New York, NY; and Alyson G. Barker , of Irvine, CA, of counsel on the brief was Laura A. Thomas , Landau Gottfried & Berger LLP, of San Francisco, CA.

Sydney O. Johnson, Jr. Associate Solicitor, United States Patent and Trademark Office, of Alexandria, VA argued for appellee. With him on the brief were Raymond T. Chen , Solicitor, and Amy J. Nelson , Associate Solicitor.

Before LOURIE, PROST, and WALLACH, Circuit Judges.

PROST, Circuit Judge.

Abbott Diabetes Care, Inc. ("Abbott") appeals from ex parte reexamination proceedings in which the Board of Patent Appeals and Interferences ("Board") rejected numerous claims of U.S. Patents Nos. 6,175,752 ("'752 patent") and 6,565,509 ("'509 patent"). Ex parte Abbott Diabetes Care Inc., No. 2010-006873, 2011 WL 180171 (B.P.A.I. Jan. 18, 2011) ("'752 BPAI Op."), reh'g denied, 2011 WL 1661489 (B.P.A.I. Apr. 29, 2011) (

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