No. 02-1407. DECIDED: May 22, 2003. Michael A. Grow, Arent Fox Kintner Plotkin Kahn, PLLC of Washington, DC, argued for appellant. With him on the brief were Charles M. Marmelstein and Evan S. Stolove. Henry G. Sawtelle, Associate, United States Patent and Trademark Office of Arlington, Virginia, argued for the appellee. With him on the brief were John M. Whealan, Solicitor, and Cynthia C. Lynch, Associate Solicitor. Before NEWMAN, CLEVENGER, and RADER, Circuit Judges. RADER, Circuit Judge. California