In Re Celanese Corp, 884 F.2d 1398 (Fed. Cir. 1989)

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U.S. Court of Appeals for the Federal Circuit - 884 F.2d 1398 (Fed. Cir. 1989) Aug. 15, 1989

Before ARCHER Circuit Judge, COWEN, Senior Circuit Judge, and MICHEL, Circuit Judge.

COWEN, Senior Circuit Judge.


DECISION

This is an appeal from a decision of the Board of Patent Appeals and Interferences, which affirmed the examiner's rejection on reexamination of claim 2 of patent no. 4,524,217 under 35 U.S.C. § 103. All other claims in the patent had been cancelled by the appellant. The board held that in view of the combined teachings of the prior art references, the invention would have been prima facie obvious and, therefore, unpatentable under 35 U.S.C. § 103. We affirm the decision on the basis of the board's opinion.

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