APPLICATION OF MARKHAM


330 F.2d 358 (1964)

Application of Floyd Stephen MARKHAM and Herald Rea Cox.

United States Court of Customs and Patent Appeals.

April 16, 1964.


Attorney(s) appearing for the Case

Robert Ames Norton, Stamford, Conn. (William P. Spielman, Washington, D. C., of counsel), for appellant.

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

Before WORLEY, C. J., and RICH, MARTIN, SMITH, and ALMOND, JJ.


WORLEY, Chief Judge.

Markham and Cox appeal from the decision of the Board of Appeals affirming the examiner's rejection of claims 8, 14, 15 and 16 of their patent application1 which relates to a process of preparing a live virus vaccine for various fowl diseases, particularly Newcastle disease, a virus disease of chickens.

Claim 14 reads:

"14. A method of preparing a live-virus...

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