No. 21530.

399 F.2d 990 (1968)

John E. LINDBERG, Jr., Appellant, v. Edward J. BRENNER, Commissioner of Patents, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 23, 1968.

Attorney(s) appearing for the Case

Mr. Jay M. Cantor, Washington, D. C., and Mr. Robert E. Wickersham, San Francisco, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, for appellant.

Mr. Jack E. Armore, Washington, D. C., Atty., with whom Mr. Joseph Schimmel, Solicitor, was on the brief, for appellee.

Before BASTIAN, Senior Circuit Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

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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