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APPLICATION OF DUVA

Patent Appeal No. 7833.

387 F.2d 402 (1967)

Application of Robert DUVA.

United States Court of Customs and Patent Appeals.

December 14, 1967.

Attorney(s) appearing for the Case

Greene, Callmann & Durr, Frank L. Durr, New York City, Stanley H. Leiberstein, Nutley, N. J., for appellant.

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, Associate Judges, and WILLIAM H. KIRKPATRICK.

SMITH, Judge.

The sole issue to be determined in this appeal is whether the invention as a whole as claimed in the appealed claims of appellant's application1 would have been obvious at the time it was made. The examiner based the rejection on 35 U.S.C. § 103 and this rejection was affirmed by the Patent Office Board of Appeals.2

While the appealed claims are couched in terms of "composition" and...

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