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APPLICATION OF RUSCETTA

Patent Appeal No. 6377.

255 F.2d 687 (1958)

APPLICATION of Ralph A. RUSCETTA and Alfred L. Jenny.

United States Court of Customs and Patent Appeals.

May 29, 1958.

Attorney(s) appearing for the Case

Gilbert P. Tarleton (Sidney Greenberg and Oscar B. Waddell, Washington, D. C., of counsel), for appellants.

Clarence W. Moore, Washington, D. C. (Arthur H. Behrens, Washington, D. C., of counsel), for Commissioner of Patents.

Before JOHNSON, Chief Judge, and O'CONNELL, WORLEY, and RICH, Associate Judges.

RICH, Judge.

Ralph A. Ruscetta and Alfred L. Jenny, have appealed from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims, 1, 2, 3, 19, 20, 21 and 22 of their application entitled "Method of Etching Capacitor Electrodes," serial No. 507,010, filed May 9, 1955.

The central issue presented in this appeal is a question of law involving the legality of using appellants'

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