APPLICATION OF KAYE

Patent Appeal No. 7188.

332 F.2d 816 (1964)

Application of Saul KAYE.

United States Court of Customs and Patent Appeals.

June 11, 1964.


Attorney(s) appearing for the Case

Bosworth, Sessions, Herrstrom & Knowles, Cleveland, Ohio (Frederic M. Bosworth and Arthur L. Cain, Cleveland, Ohio, of counsel), for appellant.

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

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


SMITH, Judge.

This appeal is from a decision of the Board of Appeals, adhered to on reconsideration, sustaining the examiner's rejection of claim 11 of appellant's patent application.2 The issue presented is one of double patenting and, more particularly, the determinative question involves the effect of a terminal disclaimer filed pursuant to 35 U.S.C. § 253.

Appellant discloses and claims a new...

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