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APPLICATION OF ZICKENDRAHT

Patent Appeal No. 6873.

319 F.2d 225 (1963)

Application of Christian ZICKENDRAHT and Arthur Buehler.

United States Court of Customs and Patent Appeals.

Rehearing Denied September 27, 1963.

Attorney(s) appearing for the Case

A. Ponack, Wenderoth, Lind & Ponack, Washington, D. C. (Harry Goldsmith, Bryant W. Brennan, Summit, N. J., Joseph Kolodny, Baltimore, Md., of counsel), for appellants.

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

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

WORLEY, Chief Judge.

Here the Board of Appeals has held that appellants have made but one patentable invention, therefore to grant the single claim involved in appellants' application1 entitled "New Metalliferous Azo Dyestuffs" would involve "double patenting." Appellants argue that the instant claim is patentably distinct over the reference and is, therefore, entitled to patent protection.

The application relates to metallized...

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