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APPLICATION OF OELRICH

Appeal No. 78-502.

579 F.2d 86 (1978)

Application of John A. OELRICH and Albert J. Divigard.

United States Court of Customs and Patent Appeals.

June 15, 1978.

Attorney(s) appearing for the Case

Roger A. Van Kirk, Fishman & Van Kirk, East Hartford, Conn., atty. of record, for appellants.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents, Thomas E. Lynch, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the rejection of claims 1-5 in appellants' application serial No. 452,050, filed March 18, 1974, for "Sub-Critical Time Modulated Control Mechanism," under 35 USC 103 as obvious from U. S. Patent No. 3,430,536 for "Time Modulated Pneumatically Actuated Control Mechanism," issued March 4, 1969, to John A...

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