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APPLICATION OF HOSTETTLER

Patent Appeal No. 7564.

356 F.2d 562 (1966)

Application of Fritz HOSTETTLER and Eugene F. Cox.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 5, 1966.

Attorney(s) appearing for the Case

Charles J. Metz, Francis M. Fazio, New York City, Paul A. Rose, Washington, D. C., Louis C. Smith, New York City, for appellants.

Joseph Schimmel, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for the Commissioner of Patents.

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

MARTIN, Judge.

The issue for determination in this appeal1 from the Board of Appeals is the sufficiency of an affidavit under Rule 131 to remove publications which are conceded to be prior art references under 35 U.S.C. § 102(a).

The invention is evident from the sole claim in the case on appeal here:

4. A process for producing a urethane which comprises reacting (a) a compound having at least one isocyanato group...

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