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APPLICATION OF MERGNER

Patent Appeal No. 7971.

399 F.2d 231 (1968)

Application of Fritz L. MERGNER.

United States Court of Customs and Patent Appeals.

July 3, 1968.

Attorney(s) appearing for the Case

Henry L. Burkitt, New York City, for appellant.

Joseph Schimmel, Washington, D. C. (Jere W. Sears, 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.

When tested according to the statutory requirements of 35 U.S.C. § 103, appellant's claimed subject matter1 here appealed would not, in our opinion, have been obvious at the time the invention was made. Thus, the decision of the Patent Office Board of Appeals2 is reversed.

The invention relates to recording systems for recording and reproducing electrical signals. An object...

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