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APPLICATION OF VOGEL

Patent Appeal No. 8198.

422 F.2d 438 (1970)

Application of Virgil W. VOGEL and Paul W. Vogel.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 11, 1970.

Attorney(s) appearing for the Case

Harvey B. Jacobson, Jacob Shuster, Washington, D. C., attorneys of record, for appellants.

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

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

LANE, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of all claims (7, 10 and 11) in appellants' patent application serial No. 338,158, filed January 16, 1964, for "Process of Preparing Packaged Meat Products for Prolonged Storage."

The ground of rejection for each claim is double patenting, based upon the claims of appellants' U.S. patent 3,124,462, issued March 10, 1964, in view of a reference patent...

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