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FLO HEALTHCARE SOLUTIONS, LLC v. KAPPOS

No. 2011-1476.

697 F.3d 1367 (2012)

FLO HEALTHCARE SOLUTIONS, LLC, Appellant, v. David J. KAPPOS, Director, United States Patent and Trademark Office, Appellee, and Rioux Vision, Inc., Appellee.

United States Court of Appeals, Federal Circuit.

October 23, 2012.

Attorney(s) appearing for the Case

George T. Schooff , Harness, Dickey & Pierce, PLC, of Troy, Michigan, argued for appellant.

Thomas W. Krause , Associate Solicitor, United States Patent and Trademark Office, of Alexandria, Virginia, argued for appellee. With him on the brief were Raymond T. Chen , Solicitor and Amy J. Nelson , Associate Solicitor. Of counsel was Kristin L.R. Sawert , Associate Solicitor.

Additional views filed by Circuit Judge NEWMAN.

PLAGER, Circuit Judge.

Flo Healthcare Solutions, LLC ("Flo") appeals from a decision of the Board of Patent Appeals and Interferences ("Board")1 of the United States Patent and Trademark Office ("PTO") in inter partes Reexamination Control No. 95/000,251.2 The Board upheld the examiner's rejections of claims 8-17, 23, 24, 35, 40-42, 73, 76-79, 87, and 88. After full review of the parties' arguments we...

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