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IN RE SURGISIL, L.L.P.

2020-1940.

14 F.4th 1380 (2021)

IN RE: SURGISIL, L.L.P., Peter Raphael, Scott Harris, Appellants.

United States Court of Appeals, Federal Circuit.

Decided: October 4, 2021.

Attorney(s) appearing for the Case

Angela Oliver , Haynes & Boone, LLP, Washington, DC, argued for appellants SurgiSil, L.L.P., Peter Raphael, Scott Harris. Also represented by John Russell Emerson , Alan N. Herda , Debra Janece McComas , Vera L. Suarez , Dallas, TX.

Mary L. Kelly , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA, argued for appellee Andrew Hirshfeld. Also represented by Thomas W. Krause , William LaMarca , Amy J. Nelson , Farheena Yasmeen Rasheed .

Before Moore, Chief Judge, Newman and O'Malley, Circuit Judges.

SurgiSil appeals a decision of the Patent Trial and Appeal Board affirming an examiner's rejection of SurgiSil's design patent application, No. 29/491,550. Because the Board erred in holding that the claimed design is not limited to the particular article of manufacture identified in the claim, we reverse.

I

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