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JEFFREY MFG. CO. v. KINGSLAND

No. 9941.

179 F.2d 35 (1949)

JEFFREY MFG. CO. v. KINGSLAND, Commissioner of Patents.

United States Court of Appeals District of Columbia Circuit.

Decided December 12, 1949.

Attorney(s) appearing for the Case

Mr. Harker H. Hittson, Columbus, Ohio, with whom Mr. Edwin B. Gary, Washington, D. C., was on the brief, for appellant.

Mr. Edwin L. Reynolds, Solicitor, United States Patent Office, Washington, D.C., with whom Mr. W. W. Cochran, former Solicitor, United States Patent Office, Washington, D. C., was on the brief, for appellee.

Before CLARK, WILBUR K. MILLER and PROCTOR, Circuit Judges.

PROCTOR, Circuit Judge.

The question here is whether, after the Court of Customs and Patent Appeals reverses a rejection of a patent application, the Patent Office may still deny the application on the basis of an additional reference to the prior art not previously cited.

The Patent Office rejected all claims of appellant's application. Upon appeal the Court of Customs and Patent Appeals reversed the rejection as...

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