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APPLICATION OF LEONOR

Patent Appeal No. 7912.

395 F.2d 801 (1968)

Application of Manuel F. LEONOR.

United States Court of Customs and Patent Appeals.

June 6, 1968.

Attorney(s) appearing for the Case

Michael Ebert, New York City, for appellant.

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

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

SMITH, Judge.

The Patent Office Board of Appeals affirmed the examiner's rejection of claims 15-18 in appellant's application1 for "Carbonization of Bagasse" upon what appears to us to have been a hindsight reconstruction of the prior art. Since the board's decision violates the intent and spirit of 35 U.S.C. § 103, we reverse. Specifically, the affirmed rejection was that the claims were "unpatentable over Mathieu

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