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APPLICATION OF PRUTTON

Patent Appeals No. 5975.

205 F.2d 198 (1953)

Application of PRUTTON.

United States Court of Customs and Patent Appeals.

June 24, 1953.

Attorney(s) appearing for the Case

Oscar C. Limbach and Oberlin & Limbach, Cleveland, Ohio (Almon S. Nelson, Washington, D. C., of counsel), for appellant.

E. L. Reynolds, Washington, D. C. (J. Schimmel, Washington, D. C., of counsel), for Commissioner of Patents.

Before O'CONNELL, JOHNSON, WORLEY, COLE, and JACKSON (retired), Judges.

COLE, Judge.

Alleging certain inventive improvements in a lubricating composition, the appellant herein, on March 31, 1947, presented his application (Serial No. 738,497) to the Patent Office in which fifty-six claims were asserted. The Primary Examiner and the Board of Appeals, in concurring opinions, denied all of the claims of said application on the ground of res judicata, an unsuccessful prosecution of appellant's earlier (parent) application (Serial No. 416...

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