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PRO-COL CORPORATION v. COMMISSIONER OF PATENTS

No. 23767.

436 F.2d 296 (1970)

PRO-COL CORPORATION et al., Appellants, v. COMMISSIONER OF PATENTS.

United States Court of Appeals, District of Columbia Circuit.

Decided November 25, 1970.

Attorney(s) appearing for the Case

Mr. Robert G. Weilacher, Washington, D. C., with whom Mr. Francis C. Browne, Washington, D. C., was on the brief, for appellants.

Mr. Fred W. Sherling, Washington, D. C., with whom S. Wm. Cochran, Acting Solicitor, was on the brief, for appellee.

Before WRIGHT and TAMM, Circuit Judges, and CHRISTENSEN, U.S. District Judge, District of Utah.

PER CURIAM:

Here we are once again asked to overturn a determination by the Patent Office that an alleged invention "would have been obvious at the time [it] was made to a person having ordinary skill in the art * * *" 35 U.S.C. § 103 (1954).

Appellants seek to patent a free-flowing brown sugar having a moisture content in excess of two per cent1 and containing from three to twelve per cent of finely divided cellulose. (J...

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