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APPLICATION OF LONG

Patent Appeal No. 7710.

368 F.2d 892 (1966)

Application of Roger A. LONG.

United States Court of Customs and Patent Appeals.

November 23, 1966.

Attorney(s) appearing for the Case

Marvin F. Matthews, Houston, Tex. for appellant.

Joseph Schimmel, Washington, D. C., (L. F. Parker, Washington, D. C., of counsel) for the Commissioner of Patents.

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

SMITH, Judge.

This is an appeal from the decision of the Board of Appeals affirming the examiner's rejection of claims 4 and 5 in appellant's application,1 for "High Temperature Compositions." The board's affirmance of the examiner's action is based on its conclusion that the appealed claims are "based upon a disclosure which does not comply with the first paragraph of 35 U.S.C. 112 and Rule 71(b)." This conclusion is assigned as error...

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