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APPLICATION OF HILMER

Patent Appeal No. 8191.

424 F.2d 1108 (1970)

Application of Hans HILMER, Gerhard Korger, Rudi Weyer and Walter Aumuller.

United States Court of Customs and Patent Appeals.

April 9, 1970.

Attorney(s) appearing for the Case

Eugene O. Retter, John Kekich, Kalamazoo, Mich., attorneys of record for appellants. Sidney B. Williams, Jr., Kalamazoo, Mich., of counsel.

Joseph Schimmel, Washington, D. C., for the Commissioner of Patents. Raymond E. Martin, Washington, D. C., of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN, and LANE, Judges, and MATTHEWS, Senior Judge, United States District Court for the District of Columbia, sitting by designation.

RICH, Acting Chief Judge.

This is a sequel to our opinion in In re Hilmer, 359 F.2d 859 53 CCPA 1288, (1966) (herein "Hilmer I"), familiarity with which is assumed.

In Hilmer I, under the heading "Reason for Remand," we pointed out that as to claims 10 and 16 there was a rejection with which the board had not dealt and remanded the case for clarification of the board's position "on the rejection of claims 10 and 16 as `unpatentable...

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