In Re James E. Dore and Jerry W. Brockmeyer, 873 F.2d 1452 (Fed. Cir. 1989)

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US Court of Appeals for the Federal Circuit - 873 F.2d 1452 (Fed. Cir. 1989) April 18, 1989

Before MARKEY, Chief Judge, and NIES and MICHEL, Circuit Judges.

MARKEY, Chief Judge.


DECISION

James E. Dore and Jerry W. Brockmeyer appeal from a final decision of the United States Patent and Trademark Office Board of Patent Appeals and Interferences (board), appeal no. 679-94, affirming a rejection under Section 103 of claims 1-3 in their pending application. We affirm.

OPINION

Appellants have not established that the board erred in holding that it would have been obvious to: (1) replace the seal in the molten metal filter of Yarwood or Narumiya with the intumescent seal of Foster in Foster's high temperature environment; and (2) preheat the filter to improve sealing as taught by Brockmeyer. 35 U.S.C. § 103 (1982).

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