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APPLICATION OF WHEELING

Patent Appeal No. 8097.

413 F.2d 1187 (1969)

Application of Robert F. WHEELING.

United States Court of Customs and Patent Appeals.

September 4, 1969.

Attorney(s) appearing for the Case

D. Carl Richards, Richards, Harris & Hubbard, Dallas, Tex., Richard K. Stevens, Virgil E. Woodcock, Philadelphia, Pa., James H. Littlepage, Washington, D. C., for appellant; O. G. Hayes, New York City, James F. Powers, Jr., New York City, of counsel.

Joseph Schimmel, Washington, D. C., for Commissioner of Patents; Jere W. Sears, Washington, D. C., of counsel.

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

BALDWIN, Judge.

This appeal is from the Patent Office Board of Appeals decision affirming the examiner's rejection of method claims 1-5 in appellant's application1 "as having no novelty other than mental steps." The board reversed the examiner's other rejection of method claims 1-5 under 35 U.S.C. § 103 as obvious in view of Munson and Rubin,2 Draper et al.,3 and Phister et...

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