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APPLICATION OF MARTIN

Patent Appeal No. 5080.

154 F.2d 126 (1946)

Application of MARTIN.

Court of Customs and Patent Appeals.

March 4, 1946.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Louis D. Forward, of New York City, and Clarence M. Fisher, of Washington, D. C., of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (E. L. Reynolds, of Washington, D. C., of counsel), for the Commissioner of Patents.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.

BLAND, Associate Judge.

The Primary Examiner of the United States Patent Office rejected claims 1 to 12, inclusive, of appellant's application No. 289,262 for a patent on a method of refining petroleum oils to produce low viscosity lubricant oils. All the claims except claim 10 were rejected as defining aggregations and as reciting nothing patentable over the prior art cited. Claim 10 is drawn to a non-elected species and its allowability depends upon the allowance...

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