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APPLICATION OF ADAMS

Patent Appeal No. 6600.

284 F.2d 525 (1960)

Application of Ernest C. ADAMS, Jr., and Alfred H. Free.

United States Court of Customs and Patent Appeals.

December 8, 1960.

Attorney(s) appearing for the Case

Brown, Jackson, Boettcher & Dienner, Chicago, Ill., George R. Jones, Washington, D. C., K. M. LeFever, Elkhart, Ind., John A. Dienner, Chicago, Ill. (Bruno J. Verbeck, Chicago, Ill., of counsel), for appellants.

Clarence W. Moore, Washington, D. C. (Raymond E. Martin, Washington, D. C., of counsel), for the Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Associate Judges, and Judge WILLIAM H. KIRKPATRICK.

WORLEY, Chief Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection by the Primary Examiner of claims 1, 2, and 3 of appellants' application for a patent for a diagnostic reagent and method on two grounds, viz., that the claims are unpatentable over the prior art, and for lack of utility. If the first ground is valid it will not be necessary to consider the second. Appellants have here limited...

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