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IN RE COLE

Patent Appeal No. 3619.

82 F.2d 405 (1936)

In re COLE.

Court of Customs and Patent Appeals.

April 6, 1936.

Attorney(s) appearing for the Case

H. H. Benjamin, of Washington, D. C. (Morris Hirsch, of New York City, of counsel), for appellant.

R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for the Commissioner of Patents.

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

LENROOT, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office, affirming a decision of the examiner, rejecting claims 4 to 7, inclusive, 9, 10, 12, and 16 to 19, inclusive, of appellant's application. The ground of rejection was that all of the claims lacked patentability in view of certain interference proceedings, hereinafter referred to, and the cited prior art.

Claim 12 is illustrative of the claims...

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