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IN RE DISTEFANO

No. 2015-1453.

808 F.3d 845 (2015)

In re Thomas L. DISTEFANO, III, Appellant.

United States Court of Appeals, Federal Circuit.

December 17, 2015.

Attorney(s) appearing for the Case

Scott D. Paul , Cuenot, Forsythe & Kim, LLC, Boca Raton, FL, argued for appellant.

Michael Sumner Forman , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Michelle K. Lee . Also represented by Thomas W. Krause , Meredith Hope Schoenfeld .

Before PROST, Chief Judge, TARANTO and HUGHES, Circuit Judges.

Mr. Thomas L. DiStefano, III, appeals the U.S. Patent and Trademark Office, Patent Trial and Appeal Board's ("Board") rejection of claims 24 through 26 of U.S. Patent Application No. 10/868,312 (`312 Application). The Board issued a Decision on Remand on July 16, 2014, and then issued a Second Decision on Request for

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