Patent Appeal Nos. 6765, 6776.

302 F.2d 771 (1962)

Application of John M. HARDY, William B. Taylor and Wilber H. Griffin. Application of William B. TAYLOR, John M. Hardy, and Wilber H. Griffin.

United States Court of Customs and Patent Appeals.

May 18, 1962.

Attorney(s) appearing for the Case

James F. Weiler, Houston, Tex., for appellants.

Clarence W. Moore, Washington, D. C. (Jere W. Sears, Washington, D. C., of counsel), for the Commissioner of Patents.

Before WORLEY, Chief Judge, and RICH and SMITH, Associate Judges.


Subsequent to our opinion of April 11, 1962, affirming the decision of the Board of Appeals, appellants have moved that the cases be remanded to the Patent Office for "determination of whether or not Mulard (French) 1,078,733, can be used as a legal reference." Suggestion is made in a supporting memorandum that the "Délivré" date of Mulard, which is earlier than the filing date of the earlier of appellants' two involved applications, may not...

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