In Re Carl F. Klopenstein and John L. Brent, Jr.

Federal Circuit, August 18, 2004, Before MICHEL, SCHALL, and PROST (opinion), Circuit Judges.

Carol Klopfenstein and John Brent appeal a decision from the Patent and Trademark Office’s Board of Patent Appeals and Interferences (“Board”) upholding the denial of their patent application.  The Board upheld the Patent and Trademark Office’s (“PTO’s”) initial denial of their application on the ground that the invention described in the patent application was not novel under 35 U.S.C. § 102(b) because it had already been described in a printed publication more than one year before the date of the patent application.  We affirm.

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