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APPLICATION OF SHETTY

Appeal No. 77-515.

566 F.2d 81 (1977)

Application of Bola Vithal SHETTY.

United States Court of Customs and Patent Appeals.

Rehearing Denied January 19, 1978.

Attorney(s) appearing for the Case

Carl A. Hechmer, Jr., Edward A. Sager, Philadelphia, Pa., attorneys of record, for appellant.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents; Jack E. Armore, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, RICH, BALDWIN, LANE, Judges, and MORGAN FORD, Judge, United States Customs Court.

RICH, Judge.

This appeal is from that portion of the July 30, 1976, decision of the Patent and Trademark Office (PTO) Board of Appeals (board) rejecting claims 2-5, 51, and 52 in application serial No. 171,736, filed August 13, 1971, entitled "Anorectic Adamantane Derivatives and Method of Using Same." The board rejected the claims under 35 U.S.C. § 103 on new grounds, as provided in 37 CFR 1.196(b), as obvious from Brake1 in view...

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