APPLICATION OF ERNST

Patent Appeal No. 8599.

451 F.2d 1404 (1971)

In re Application of Robert R. ERNST.

United States Court of Customs and Patent Appeals.

As Modified on Rehearing March 2, 1972.


Attorney(s) appearing for the Case

John R. Schovee, Schovee & Boston, Rochester, N. Y., attorneys of record, for appellant.

S. Wm Cochran, Washington, D. C., for the Commissioner of Patents. Fred E. McKelvey, Washington, D. C., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and RAO, 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 1-2, 4-5, and 23-29 of appellant's application entitled "Method and Apparatus for Sterilizing."1 No claims have been allowed.

The invention relates to a method of sterilizing materials by treatment with a gaseous chemical sterilizing agent, for example, ethylene oxide gaseous mixtures. The basic steps of appellant...

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