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IN RE OWENS

No. 2012-1261.

710 F.3d 1362 (2013)

In re Timothy S. OWENS, Sheila M. Kelly, Robert M. Lynch, IV, Jason C. Campbell, and Philip E. Hague.

United States Court of Appeals, Federal Circuit.

March 26, 2013.

Attorney(s) appearing for the Case

Perry J. Saidman , Saidman DesignLaw Group, LLC, of Silver Spring, Maryland, argued for appellants. Of counsel on the brief was David M. Weirich , The Procter & Gamble Company, of Cincinnati, OH.

William Lamarca , 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 Lynne E. Pettigrew , Associate Solicitor. Of counsel was Scott Weidenfeller , Associate Solicitor.

Tracey-Gene G. Durkin , Sterne, Kessler, Goldstein & Fox, P.L.L.C., of Washington, DC, for amicus curiae. With her on the brief were David K. S. Cornwell , Jon E. Wright and Jonathan M. Strang .

Before PROST, MOORE, and WALLACH, Circuit Judges.

PROST, Circuit Judge.

Timothy S. Owens, et al. ("Owens") appeal a decision of the United States Patent and Trademark Office ("PTO") Board of Patent Appeals and Interferences ("Board"), Ex parte Owens, No. 2010-5622 (B.P.A.I. Dec. 1, 2011) ("Board Op."), affirming a rejection of his design patent application, U.S. Design Patent Application No. 29/253,172 (filed Feb. 2, 2006) ("'172 application"). For the reasons set forth below, we affirm.

I

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