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IN RE DURANCE

2017-1486.

891 F.3d 991 (2018)

IN RE: Timothy D. DURANCE, Jun Fu, Parastoo Yaghmaee, Appellants.

United States Court of Appeals, Federal Circuit.

Decided: June 1, 2018.

Attorney(s) appearing for the Case

JONATHAN KENNEDY, McKee, Voorhees & Sease, P.L.C., Des Moines, IA, argued for appellants. Also represented by KIRK M. HARTUNG, MICHAEL GILCHRIST, ROBERT SCOTT JOHNSON, CHRISTINE MARIE LEBRON-DYKEMAN.

MARY L. KELLY, Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Andrei Iancu. Also represented by NATHAN K. KELLEY, THOMAS W. KRAUSE, PHILIP J. WARRICK.

Before Lourie, Reyna, and Chen, Circuit Judges.

Timothy D. Durance, Jun Fu, and Parastoo Yaghmaee appeal from a decision by the Patent Trial and Appeal Board affirming an examiner's obviousness rejection of their patent application claims related to a microwave vacuum-drying apparatus and method. Because the Board failed to consider arguments in applicants' reply brief that...

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