Patent Appeal No. 7614.

367 F.2d 838 (1966)

Application of William O. WESSELER.

United States Court of Customs and Patent Appeals.

October 20, 1966.

Attorney(s) appearing for the Case

Robert W. Beach, Seattle, Wash. (George R. Jones, Washington, D. C., of counsel), for appellant.

Joseph Schimmel, Washington, D. C. (S. Wm. Cochran, Washington, D. C., of counsel), for Commissioner of Patents.

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

SMITH, Judge.

This appeal presents two issues: first, whether appellant-patentee, in claiming less than he had a right to claim in his patent,1 is entitled under 35 U.S.C. § 251 to a reissue of that patent containing appealed claims 6, 7, 13, 14 and 15 which are asserted to be properly commensurate with the scope of his invention; second, whether he has inserted new matter in appealed claims 4 and 5 in his application for reissue...

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