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HAYS v. BRENNER

No. 19711.

357 F.2d 287 (1966)

Edwin E. HAYS and Wallace & Tiernan, Inc., Appellants, v. Edward J. BRENNER, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 3, 1966.

Petition for Rehearing Denied March 2, 1966.

Attorney(s) appearing for the Case

Mr. Foster York, Chicago, Ill., with whom Messrs. J. William Pike and Harry W. F. Glemser, Washington, D. C., were on the brief, for appellants.

Mr. Joseph Schimmel, Acting Sol., U. S. Patent Office, was on the brief for appellee. Mr. C. W. Moore, Sol., U. S. Patent Office, at the time the brief was filed, also entered an appearance for appellee.

Before WRIGHT, McGOWAN and TAMM, Circuit Judges.

J. SKELLY WRIGHT, Circuit Judge:

The primary question presented by this appeal is whether the filing of a terminal disclaimer under 35 U.S.C. § 2531 may in appropriate cases obviate an objection to patentability based on obviousness under 35 U.S.C. § 103.2 We hold that it may not. To the extent that Application of Robeson, 331 F.2d 610, 51 CCPA (Patents) 1271 (1964...

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