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IN RE WELLMAN

Patent Appeal No. 2682.

48 F.2d 926 (1931)

In re WELLMAN.

Court of Customs and Patent Appeals.

April 22, 1931.

Attorney(s) appearing for the Case

Roberts, Cushman & Woodberry, of Boston, Mass. (Arlon V. Cushman, of Washington, D. C., and Robert Cushman and Robert C. Child, both of Boston, Mass., of counsel), for appellant.

T. A. Hostetler, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

GRAHAM, Presiding Judge.

The appellant filed an application for patent on improvements in lined receptacles, and the art of making the same. Twenty-three claims were filed, claims 1 to 11 being for a process, and claims 12 to 23 being for a product. The Examiner cited certain references as bearing upon the subject-matter of the method claims, and required a division between the process and product claims. Thereupon, under rule 41 of the United States Patent Office...

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