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APPLICATION OF STEPPAN

Patent Appeal No. 7831.

394 F.2d 1013 (1967)

Application of Hartmut STEPPAN, August Rebenstock and Wilhelm Neugebauer.

United States Court of Customs and Patent Appeals.

December 28, 1967.

Attorney(s) appearing for the Case

James E. Bryan, Washington, D. C., for appellants.

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

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

SMITH, Judge.

The principal issues for decision are: (1) whether the compounds defined in appealed claims 17 through 22 would have been obvious to one of ordinary skill in the art within the meaning of 35 U. S.C. § 103; and (2) whether claim 25 is an improper "product-by-process" claim. The Patent Office Board of Appeals1 affirmed the examiner's rejection of the claims in issue presented in appellants' application.

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