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IN RE MAATITA

2017-2037.

900 F.3d 1369 (2018)

IN RE: Ron MAATITA, Appellant.

United States Court of Appeals, Federal Circuit.

Decided: August 20, 2018.

Attorney(s) appearing for the Case

STEVEN E. SHAPIRO , Kim Shapiro Park and Lee, Los Angeles, CA, argued for appellant. Also represented by JOSEPH GERALD SWAN , Joseph G. Swan, a Professional Corporation, Manhattan Beach, CA.

WILLIAM LAMARCA , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Andrei Iancu. Also represented by THOMAS W. KRAUSE , AMY J. NELSON.

Before Dyk, Reyna, and Stoll, Circuit Judges.

This is an appeal from a rejection in initial examination of appellant Ron Maatita's design patent application covering the design of an athletic shoe bottom. The examiner rejected the application's single claim as non-enabled and indefinite under 35 U.S.C. § 112 because it used a single, two-dimensional plan-view drawing...

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