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IN RE MARTIN

Patent Appeal No. 2981.

58 F.2d 453 (1932)

In re MARTIN.

Court of Customs and Patent Appeals.

May 23, 1932.

Attorney(s) appearing for the Case

Albert L. Ely, of Akron, Ohio (J. Ralph Barrow, of Akron, Ohio, 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.

GARRETT, Associate Judge.

Four claims (being all the claims) of an application for patent on a method of making rubber tires were rejected by the Examiner of the United States Patent Office on the ground that they disclosed no invention in view of the prior art. His decision was affirmed by the Board of Appeals. From the latter decision appellant appeals to this court.

Claim 5 appears to be typical: "5. The method of making tires comprising building roughly...

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