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IN RE HUBBELL

No. 2011-1547.

709 F.3d 1140 (2013)

In re Jeffrey HUBBELL, Jason Schense, Andreas Zisch, and Heike Hall.

United States Court of Appeals, Federal Circuit.

March 7, 2013.

Attorney(s) appearing for the Case

Rivka D. Monheit , Pabst Patent Group LLP, of Atlanta, Georgia, argued for appellant. With him on the brief was Patrea L. Pabst .

Frances M. Lynch , 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.

Opinion for the court filed by Circuit Judge O'MALLEY. Dissenting opinion filed by Circuit Judge NEWMAN.

O'MALLEY, Circuit Judge.

Jeffrey Hubbell, Jason Schense, Andreas Zisch, and Heike Hall are the named inventors on U.S. Patent Application No. 10/650,509 ("the '509 application"). The examiner rejected all of the pending claims — claims 1-5, 7, 9-14, 16-22, 26-30, 34, and 35 — for obviousness-type double patenting over several patents, including U.S. Patent No. 7,601,685 ("the '685 patent"). Hubbell appeals from the decision of the Board of Patent Appeals...

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