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IN RE BORDEN

No. 96-1057.

90 F.3d 1570 (1996)

In re Joseph BORDEN.

United States Court of Appeals, Federal Circuit.

Rehearing Denied September 17, 1996.

Attorney(s) appearing for the Case

Michael J. Sweedler, Darby & Darby, New York City, argued for appellant. With him on the brief was Kwadjo Adusei-Poku.

Linda Moncys Isacson, Associate Solicitor, Patent and Trademark Office, Arlington, VA, argued for the Commissioner of Patents and Trademarks. With her on the brief were Nancy J. Linck, Solicitor, Washington, DC, Albin F. Drost, Deputy Solicitor, Beacon Falls, CT, and Linda M. Skoro, Associate Solicitor, Gainesville, FL.

Before RADER, Circuit Judge, SKELTON, Senior Circuit Judge and BRYSON, Circuit Judge.

BRYSON, Circuit Judge.

Joseph Borden appeals from a decision of the Patent and Trademark Office Board of Patent Appeals and Interferences, which sustained the examiner's rejection of Borden's application for a design patent as obvious under 35 U.S.C. § 103. We affirm.

I

Borden filed a patent application on August 15, 1989, claiming an "Ornamental Design for a Twin Neck Dispensing Container." The claimed design is reproduced below in Figure 1...

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