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APPLICATION OF HERRICK

Patent Appeal No. 7396.

397 F.2d 332 (1968)

Application of Franklin W. HERRICK and Louis H. Bock.

United States Court of Customs and Patent Appeals.

June 20, 1968.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Taylor & Adams, W. Brown Morton, New York City, Charles N. Shane, Jr., Washington, D. C., (Hal E. Seagraves, New York City, of counsel), for appellants.

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

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

SMITH, Judge.

A single legal issue emerges from this twice-argued appeal: whether the subject matter sought to be patented is obvious within the meaning of 35 U.S.C. § 103. Because we conclude that the evaluation of that subject matter as a whole according to the statutory precepts may not be sustained, we reverse the decision of the board.

This appeal returns to this court for determination after having...

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