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APPLICATION OF ACKERMANN

Patent Appeal No. 8518.

444 F.2d 1172 (1971)

Application of Franz ACKERMANN et al.

United States Court of Customs and Patent Appeals.

July 8, 1971.

Attorney(s) appearing for the Case

Harry Goldsmith, Upper Montclair, N. J., attorney of record, for appellants. Joseph G. Kolodny, Summit, N. J., Bryant W. Brennan, Fanwood, N. J., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Jack E. Armore, Washington, D. C., of counsel.

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

BALDWIN, Judge.

This appeal is from the decision of the Patent Office Board of Appeals, adhered to on reconsideration, sustaining the rejection of the single claim in appellants' application1 as unpatentable in view of the prior art under 35 U.S.C. § 103 and on the ground of res judicata.

THE INVENTION

The sole claim on appeal is as follows:

1. A crystalline product of manufacture consisting of pure α...

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