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GENERAL TIRE AND RUBBER CO. v. BRENNER

Nos. 20561, 20562.

381 F.2d 270 (1967)

The GENERAL TIRE AND RUBBER COMPANY and Gilbert H. Swart, Appellants, v. Edward J. BRENNER, Commissioner of Patents, Appellee. The GENERAL TIRE AND RUBBER COMPANY et al., Appellants, v. Edward J. BRENNER, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 23, 1967.

Petition for Rehearing Denied July 20, 1967.

Attorney(s) appearing for the Case

Mr. Edward B. Beale, Washington, D. C., with whom Mr. William R. Trenor, Washington, D. C., was on the brief, for appellants.

Mr. Joseph Schimmel, Sol., U. S. Patent Office, submitted on the brief, for appellee.

Before BAZELON, Chief Judge, and DANAHER and BURGER, Circuit Judges.

PER CURIAM:

Appellant Swart was denied a patent as to certain claims in his applications which are a continuation in part of an application filed on November 2, 1945. The contested claims involve the use of a liquid castable polysulfide rubber in the manufacture of a solid rocket fuel. Following trial, the District Court filed findings of fact and conclusions of law and entered judgment for appellee.

Appellant did not explicitly disclose the use of a liquid...

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