BASTIAN, Senior Circuit Judge:
This case reaches this court upon the appeal of a grant by the District Court of the Commissioner of Patent's motion for summary judgment. The facts are as follows:
Appellant Lindberg, on August 11, 1964, filed a patent application entitled "Nose-Cone Cooling of Space Vehicle," which was finally rejected on March 30, 1966, by a patent examiner as unpatentable over prior art. Appeal was taken to the Board of Appeals of the Patent...
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