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IN RE BAXTER

Appeal No. 80-574.

656 F.2d 679 (1981)

In re Warren Nesmith BAXTER, Nicholas George Merckling, deceased, by Noelle K. Masukawa, Administratrix, Ivan Maxwell Robinson, and Gelu Stoeff Stamatoff.

United States Court of Customs and Patent Appeals.

July 30, 1981.

Attorney(s) appearing for the Case

Francis A. Paintin, and Hoge T. Sutherland, Arlington, Va., for appellant.

Joseph F. Nakamura, Sol., Fred W. Sherling, Associate Sol., Washington, D. C., for Patent and Trademark Office.

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

MILLER, Judge.

This is an appeal from the decision of the Patent and Trademark Office ("PTO") Board of Appeals ("board") sustaining the examiner's rejections of: claims 1 and 6 under 35 U.S.C. § 103 as obvious from either Hogan et al. ("Hogan"),1 Field '647,2 or Field '452;3 claim 1 under 35 U.S.C. § 132 for containing new matter; and claims 7 and 8 on the ground of interference...

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