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APPLICATION OF WALLES

Patent Appeal No. 7400.

366 F.2d 786 (1966)

Application of Wilhelm E. WALLES, William F. Tousignant and Thomas Houtman, Jr.

United States Court of Customs and Patent Appeals.

October 6, 1966.

Attorney(s) appearing for the Case

John A. Blair, Detroit, Mich., for appellants.

Clarence W. Moore, Washington, D. C. (Joseph Schimmel, Washington, D. C., of counsel), for the Commissioner of Patents.

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

SMITH, Judge.

Appealed claims 1-7 were rejected as "unpatentable over" the claims of a patent to Tousignant et al. This rejection was affirmed by the Board of Appeals. We find the rejection to be improper and therefore reverse the decision of the board.

After an extensive prosecution, the appealed claims stood rejected in view of the patent previously issued to appellants. While the rejection has been sometimes couched...

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