APPLICATION OF COTHER

Patent Appeal No. 8419.

437 F.2d 1399 (1971)

Application of Robert H. COTHER.

United States Court of Customs and Patent Appeals.

March 4, 1971.


Attorney(s) appearing for the Case

Elliott I. Pollock, Washington, D. C., Reed C. Lawlor, Los Angeles, Cal., attorneys of record, for appellant.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. R. V. Lupo, Washington, D. C., of counsel.

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


ALMOND, Judge.

This is an appeal from the decision of the Patent Office Board of Appeals affirming the rejection of claims 1-8 of appellant's application for a reissue patent.1 No claims have been allowed.

All the claims were rejected on two grounds: (1) that new matter had been introduced into the reissue application, stated to be based on 35 U.S.C. § 251, and (2) that they were obvious in view of the prior art, under 35...

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