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APPLICATION OF CLARKE

Patent Appeal No. 7489.

356 F.2d 987 (1966)

Application of Robert L. CLARKE.

United States Court of Customs and Patent Appeals.

March 10, 1966.

Attorney(s) appearing for the Case

Laurence & Laurence, Washington, D. C. (Dean Laurence, Herbert I. Sherman, Washington, D. C., of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (Joseph Schimmel, Washington, D. C., of counsel), for the Commissioner of Patents.

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

MARTIN, Judge.

The issue in this appeal from the Board of Appeals is whether Rule 131 affidavits that show certain facts about species of a claimed genus, and that also allege conception of the genus, are sufficient to antedate indirectly a reference disclosing a different species within the claimed genus. This issue arises with respect to generic claims 1 and 2 in appellant's application serial No. 836,911, filed August 31, 1959, for "1,2-Diacylhexahydropyridazines...

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