In Re Kenneth D. Avery, 909 F.2d 1496 (Fed. Cir. 1990)

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U.S. Court of Appeals for the Federal Circuit - 909 F.2d 1496 (Fed. Cir. 1990) July 27, 1990

Before RICH and ARCHER, Circuit Judges, and RUDI M. BREWSTER, Judge.* 

DECISION

PER CURIAM.


Kenneth D. Avery (Avery) appeals from the August 18, 1989 decision of the Patent and Trademark Office Board of Patent Appeals and Interferences (Board) in Appeal No. 87-0223, affirming an examiner's rejection of claims 1-22 in application serial number 642,480 as being unpatentable under 35 U.S.C. § 103. We affirm.

OPINION

We affirm on the basis of the board's opinion, which is exemplary in its treatment of the declarations submitted by Avery.

 *

Rudi M. Brewster, United States District Judge for the Southern District of California, sitting by designation

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