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APPLICATION OF KATZSCHMANN

Patent Appeal No. 7406.

347 F.2d 620 (1965)

Application of Ewald KATZSCHMANN.

United States Court of Customs and Patent Appeals.

June 24, 1965.

Attorney(s) appearing for the Case

Paul M. Craig, Jr., James E. Bryan, Washington, D. C., 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.

As an improvement on the process of his U. S. Patent 2,894,978 appellant discovered that undesirable by-products were reduced and an improved space-time yield was achieved in the production of esters of phthalic acids by 1) using xylenes of 98.5% concentration and 2) using p-xylene or m-xylene. His application for patent on this improved process1 has been refused under 35 U.S.C. § 103 as covering but an obvious...

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