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APPLICATION OF LeGRICE

Patent Appeals Nos. 6727, 6728.

301 F.2d 929 (1962)

Application of Edward Burton LeGRICE.

United States Court of Customs and Patent Appeals.

Rehearing Denied July 11, 1962.

Attorney(s) appearing for the Case

John H. Leonard, Cleveland, Ohio (Spencer B. Michael, Smith, Michael & Gardiner, Washington, D. C., of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (Joseph Schimmel, Washington, D. C., of counsel), for the Commission of Patents.

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

SMITH, Judge.

The issue on these consolidated appeals is whether appellant is entitled under 35 U.S.C. 1611 to a patent on each of his applications serial numbers 709,127 and 709,128, filed January 15, 1958, each entitled "Rosa Floribunda Plant." The Patent Office Board of Appeals affirmed the final rejection of both applications under 35 U.S.C. § 102(b) on the ground that the inventions had been described in printed publications...

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