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APPLICATION OF SHUMAN

Patent Appeal No. 7616.

361 F.2d 1008 (1966)

Application of Robert Cowan SHUMAN and Francis John Meinhardt.

United States Court of Customs and Patent Appeals.

June 16, 1966.

Attorney(s) appearing for the Case

George H. Montemayor, Howard M. Herriott, Janesville, Wis., for appellants.

Joseph Schimmel, Washington, D. C. (Jere W. Sears, 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, delivered the opinion of the court:

SMITH, Judge.

The issue here is whether the invention defined by the appealed claims,1 relating to a writing tip for a ball point pen and a method of making same, is obvious within the meaning of 35 U.S.C. § 103. The appealed claims were considered together by the parties and we shall do likewise.

The references relied on by the examiner are as follows:

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