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APPLICATION OF BARANAUCKAS

Patent Appeal No. 7945.

395 F.2d 805 (1968)

Application of Charles F. BARANAUCKAS and Samuel Gelfand.

United States Court of Customs and Patent Appeals.

June 6, 1968.

Attorney(s) appearing for the Case

Raymond F. Kramer, Niagara Falls, N. Y., for appellants.

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

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

SMITH, Judge.

The ultimate issue to be determined in this appeal is whether appellants' claimed invention when made would have been obvious in view of certain prior art within the meaning of 35 U.S.C. § 103.

That issue is presented in an appeal from the decision of the Patent Office Board of Appeals,1 affirming the examiner's rejection of certain claims of appellants' application.2

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