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APPLICATION OF FISHER

Patent Appeal No. 8454.

448 F.2d 1406 (1971)

Application of Hardin Y. FISHER.

United States Court of Customs and Patent Appeals.

October 7, 1971.

Attorney(s) appearing for the Case

Lloyd L. Zickert, Kinzer, Dorn & Zickert, Chicago, Ill., attorney 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 FORD, Judge, United States Customs Court, sitting by designation.

ON PETITION FOR REHEARING

PER CURIAM.

The Patent Office petitions for rehearing or, in the alternative, vacation of our decision and remand "for consideration of the pertinent technical authorities."

The issue on which our decision of May 13, 1971, rests is obviousness under 35 U.S.C. § 103. (58 CCPA 1192, 441 F.2d 664, 169 USPQ 602.) That issue turned on whether appellant obtained unexpected results...

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