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APPLICATION OF WAGNER

Patent Appeal No. 7689.

371 F.2d 877 (1967)

Application of Arthur F. WAGNER and Karl A. Folkers.

United States Court of Customs and Patent Appeals.

February 9, 1967.

Attorney(s) appearing for the Case

Harry E. Westlake, Jr., Rahway, N. J. (John P. Floyd, New York City, I. Louis Wolk, Rahway, N. J., of counsel), for appellants.

Joseph Schimmel, Washington, D. C. (Raymond E. Martin, Washington, D. C., of counsel), for the Commissioner of Patents.

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

SMITH, Judge.

We are here concerned with the obviousness, 35 U.S.C. § 103, of a joint invention1 of appellants relating to new chemical compounds and to compositions containing such compounds for inhibiting the growth of poliomyelitis viruses. The Board of Appeals affirmed the examiner's final rejection of appealed claims 1 to 10.

The specification points out that:

Science...

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