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APPLICATION OF WILKINSON

Patent Appeal No. 6723.

304 F.2d 673 (1962)

Application of Raymond G. WILKINSON and James H. Boothe.

United States Court of Customs and Patent Appeals.

July 11, 1962.

Attorney(s) appearing for the Case

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

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

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

WORLEY, Chief Judge.

Appellants applied for a patent on "Nitriles of the Tetraclines"1 in February 1955. The examiner rejected the application on the single reference Stephens et al., an article disclosing the preparation and identification of the claimed compound, which was published in a scientific journal in July 1954.

Appellants attempted to overcome the rejection by filing affidavits pursuant to the provisions of Rule 131...

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