APPLICATION OF FUETTERER

Patent Appeal No. 6897.

319 F.2d 259 (1963)

Application of Charles T. FUETTERER.

United States Court of Customs and Patent Appeals.

June 28, 1963.


Attorney(s) appearing for the Case

John Mahoney, Cleveland, Ohio (J. Harold Kilcoyne, Washington, D. C., of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (Jack E. Armore, Washington, D. C., of counsel), for the Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Associate Judges.


RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 38-49 in application Ser. No. 498,089, entitled "Tire Treads and Rubber Stock Therefor." The claims stand rejected solely as "failing to define the alleged invention properly." More specifically, claims 38, 40, 42, 44, 46, and 48 have been rejected as "indefinite and ambiguous" and all claims as "unduly broad and functional."

Appellant's invention...

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