Patent Appeal No. 6808.

302 F.2d 753 (1962)

Application of Stephen A. SZUMSKI.

United States Court of Customs and Patent Appeals.

May 18, 1962.

Attorney(s) appearing for the Case

Norton S. Johnson, Stamford, Conn. (William P. Spielman, Washington, D. C., of counsel), for appellant.

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

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


This appeal is from the decision of the Board of Appeals of the United States Patent Office affirming the examiner's rejection of claims 1 through 9 of the appellant's application Serial No. 446,967, filed July 30, 1954, for "Method for Producing Antibiotics." At the hearing, the appellant withdrew the appeal as to claim 1, leaving claims 2 through 9 for our consideration.

Claim 2, which is taken as illustrative, reads as follows:


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