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APPLICATION OF MOORE

Patent Appeal Nos. 8437, 8479.

444 F.2d 572 (1971)

Application of Earl Phillip MOORE. Application of Harold M. PITT and Harry Bender.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 7, 1971.

Attorney(s) appearing for the Case

Francis A. Paintin, Wilmington, Del., attorney of record, for Earl Phillip Moore. James T. Corle, Arlington, Va., and Gerald A. Hapka, Arlington, Va., of counsel.

Wayne C. Jaeschke, Dobbs Ferry, N. Y., attorney of record, for Harold M. Pitt and Harry Bender. Martin Goldwasser, Dobbs Ferry, N. Y., and Edwin H. Baker, Richmond, Cal., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. R. E. Martin, Washington, D. C., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and FORD, Judge, United States Customs Court, sitting by designation.

BALDWIN, Judge.

These two appeals from separate decisions of the Patent Office Board of Appeals were argued on the same day, considered together and will be disposed of in a single opinion. The issue we find determinative in both appeals is whether an antedating affidavit must include therein a showing of prior discovery of a utility for a particular chemical compound, in order to be effective in removing a reference against a claim to that compound or the method...

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