APPLICATION OF BOYLAN

Patent Appeal No. 7846.

392 F.2d 1017 (1968)

Application of Francis J. BOYLAN.

United States Court of Customs and Patent Appeals.

April 25, 1968.


Attorney(s) appearing for the Case

Clinton F. Miller, Wilmington, Del. (Marion C. Staves, Wilmington, Del., of counsel), for appellant.

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

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


ARTHUR M. SMITH, Judge.

The issue presented by this appeal is whether appellant's claims were properly rejected on the basis of "double patenting." The rejection is thus predicated on the Patent Office position that the same invention was previously claimed in appellant's earlier-issued patent. Since a terminal disclaimer was timely filed, the sole issue before us is whether the appellant, in the appealed claims, seeks to claim again the "same invention" previously...

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