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HIGLEY v. BRENNER

No. 20779.

387 F.2d 855 (1967)

Rolland C. HIGLEY, Appellant, v. Edward J. BRENNER, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 7, 1967.

As Amended December 13, 1967.

Petition for Rehearing Denied December 13, 1967.

Attorney(s) appearing for the Case

Mr. S. Tom Morris, Amarillo, Tex., with whom Mr. Keith Misegades, Washington, D. C., was on the brief, for appellant.

Mr. Fred W. Sherling, Atty., U. S. Patent Office, with whom Mr. Joseph Schimmel, Sol., U. S. Patent Office, was on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and DANAHER and TAMM, Circuit Judges.

TAMM, Circuit Judge:

Appellant Higley sought a patent on a tractor-drawn frame or subsoil tiller — an oscillating groundworking implement which, by imparting a vibrating motion to the tools, not only can penetrate the soil to a depth of two and one half feet but can thereupon simultaneously shatter both hardpan and subsoil. The Patent Office rejected his application, and the Board of Appeals affirmed that rejection.1 He then brought...

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