IN RE NUIJTEN

Attorney(s) appearing for the Case

Jack E. Haken, Philips Intellectual Property & Standards, of Briarcliff Manor, NY, argued for appellant. Of counsel was Larry Liberchuk.

Raymond T. Chen, Associate Solicitor, United States Patent and Trademark Office, of Arlington, VA, argued for the Director of the United States Patent and Trademark Office. With him on the brief was Thomas W. Krause, Associate Solicitor.

Robert R. McKelvie, Covington and Burling LLP, of Washington, DC, for amicus curiae. With him on the brief was Peter Swanson. Of counsel on the brief were Marc S. Adler and Richard F. Phillips, Intellectual Property Owners Association, of Washington, DC. Of counsel was Herbert C. Wamsley.

Before GAJARSA, LINN, and MOORE, Circuit Judges.