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IN RE KELLER

Appeal No. 80-573.

642 F.2d 413 (1981)

In re John W. KELLER, Jr., Reese S. Terry, Jr., and Gomer L. Davies.

United States Court of Customs and Patent Appeals.

February 12, 1981.

Attorney(s) appearing for the Case

Henry D. Pahl, Jr., Boston, Mass., Gilbert H. Hennessey, Washington, D. C., for appellants.

Joseph F. Nakamura, Sol., Patent & Trademark Office, Thomas E. Lynch, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER, and NIES, Judges.

NIES, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) in reissue application serial No. 865,610, filed December 29, 1977,1 for "Digital Counter Driven Pacer." Claims 1, 2, 6, 7, and 9-16 (all of the claims in the application) stand rejected on the ground of a defective reissue declaration, and claims 1, 2, 6, 7, 9-11, 13, and 14 are rejected...

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