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APPLICATION OF DALE

Patent Appeal No. 7726.

377 F.2d 661 (1967)

Application of Jack K. DALE.

United States Court of Customs and Patent Appeals.

May 25, 1967.

Attorney(s) appearing for the Case

Edward G. Jones, Joseph K. Andonian, Kalamazoo, Mich. (Eugene O. Retter, Kalamazoo, Mich., of counsel), for appellant.

Joseph Schimmel, Washington, D. C., (Fred W. Sherling, Washington, D. C., of counsel), for Commissioner of Patents.

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

SMITH, Judge.

The issue to be decided concerning the rejection of appealed claims 1, 2, 16, and 17, is stated in the solicitor's brief as follows:

The issue to be decided in this case is whether the differences between the compositions sought to be patented and the prior art are such that the compositions as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said compositions pertain, 35...

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