Patent Appeal No. 6763.

302 F.2d 737 (1962)

Application of Eli SIMON, Frank W. Thomas and Welton R. Burney, Jr.

United States Court of Customs and Patent Appeals.

May 18, 1962.

Attorney(s) appearing for the Case

Stevens, Davis, Miller & Mosher and Ellsworth H. Mosher, Washington, D. C., for appellant.

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, Judges.

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 19 and 20 of an application for reissue of Patent No. 2,772,245, issued November 27, 1956, for "Resilient Cellular Resin Products." The present application, Ser. No. 758,631, was filed September 2, 1958. Except for the two new claims above mentioned, the specification and claims are admittedly identical with those of the patent.

Claims 19 and...

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