Patent Appeal No. 6775.

302 F.2d 741 (1962)

Application of Leo PRICE.

United States Court of Customs and Patent Appeals.

May 18, 1962.

Attorney(s) appearing for the Case

Ely, Pearne & Gordon, and Albert L. Ely, Jr., Cleveland, Ohio, for appellant.

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for Comr. of Patents.

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

RICH, Judge.

This appeal is from the rejection of claim 7 in application Ser. No. 759,833, filed September 8, 1958, for the reissue of appellant's patent No. 2,709,854 granted June 7, 1955, for "Gauge Mounting."

Since the application for reissue was filed more than two years after the issuance of the patent, the following prohibition of 35 U.S.C. § 251 applies:

"No reissued patent shall be granted enlarging the scope of the claims of the original...

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