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APPLICATION OF METCALF

Patent Appeal No. 7939.

394 F.2d 558 (1968)

Application of John S. METCALF, Charles E. Miller and Roy C. Olney.

United States Court of Customs and Patent Appeals.

May 2, 1968.

Attorney(s) appearing for the Case

Donald R. Motsko, Hamden, Conn., for appellants.

Joseph Schimmel, Washington, D. C., (Fred W. Sherling, Washington, D. C., of counsel) for the Commissioner of Patents.

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

SMITH, Judge.

The sole issue involved in this appeal from the Patent Office Board of Appeals1 is whether appellants' claimed subject matter is obvious under the conditions stated in 35 U.S.C. § 103.2

The board refused to sustain the rejection for the reasons stated by the examiner, and restated the rejection as a new ground of rejection under Rule 196(b). Upon reconsideration, the board adhered...

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