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APPLICATION OF HERR

Patent Appeal No. 7751.

377 F.2d 610 (1967)

Application of Milton E. HERR.

United States Court of Customs and Patent Appeals.

May 11, 1967.

Attorney(s) appearing for the Case

Eugene O. Retter, Kalamazoo, Mich., The Upjohn Company, Gerard A. Blaufarb, Kalamazoo, Mich., for appellant.

Joseph Schimmel, Washington, D. C., for the Commissioner of Patents.

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

WORLEY, Chief Judge.

This appeal is from the decision of the Board of Appeals affirming the res judicata rejection of claims 1-3 of appellant's application1 for "Organic Compounds," wherein the board stated:

The sole rejection is on the ground of res judicata arising from the prosecution of appellant's parent application, Serial No. 583,923, culminating in a decision by the United States Court of Customs and Patent Appeals...

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