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IN RE YAMAZAKI

No. 2012-1086.

702 F.3d 1327 (2012)

In re Shunpei YAMAZAKI.

United States Court of Appeals, Federal Circuit.

December 6, 2012.

Attorney(s) appearing for the Case

Eric J. Robinson , Robinson Intellectual Property Law Office, P.C., of Fairfax, Virginia, argued for the appellant. With him on the brief was Sean C. Flood .

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

Before LOURIE and REYNA, Circuit Judges, and KRIEGER, District Judge.

LOURIE, Circuit Judge.

Appellant Shunpei Yamazaki appeals from a decision of the Board of Patent Appeals and Interferences ("the Board") affirming the rejection of reissue application 10/045,902 (the "Reissue Application") for lack of error correctable under 35 U.S.C. § 251. Ex parte Yamazaki, No. 2010-002033, 2011 WL 109119 (B.P.A.I. Jan. 10, 2011) ("Board Decision"), reh'g denied, 2011 WL 3605913 (B.P.A.I. Aug. 12, 2011) ("Rehearing...

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