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APPLICATION OF AUSTIN

Patent Appeal No. 7889.

390 F.2d 721 (1968)

Application of Chester R. AUSTIN, John Marshall Bertram, Edward J. Prince and Joseph K. Stone, Jr.

United States Court of Customs and Patent Appeals.

February 15, 1968.

Attorney(s) appearing for the Case

Brown, Jackson, Boettcher & Dienner, Chicago, Ill., James E. Toomey, Oakland, Cal., Harold L. Jenkins, Washington, D. C. (Bruno J. Verbeck, Chicago, Ill., of counsel) for appellants.

Joseph Schimmel, Washington, D. C. (Joseph Nakamura, Washington, D. C., of counsel) for the Commissioner of Patents.

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

SMITH, Judge.

The issues presented by this appeal are: (1) whether all of appellants' claims are "unpatentable over" the prior art of record, under 35 U.S.C. § 103, and (2) whether certain of appellants' claims fail to "particularly point out and distinctly claim" the invention, as required by 35 U.S.C. § 112.

The issues arise in an appeal from the decision of the Patent Office Board of Appeals1 affirming the action of...

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