APPLICATION OF MARZOCCHI

Patent Appeal No. 8431.

439 F.2d 220 (1971)

Application of Alfred MARZOCCHI and Richard C. Horton.

United States Court of Customs and Patent Appeals.

April 15, 1971.


Attorney(s) appearing for the Case

Herman Hersh, McDougall, Hersh, Scott & Ladd, Chicago, Ill., attorney of record, for appellant. Staelin & Overman, Toledo, Ohio, George A. Degnan, Arlington, Va., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Fred W. Sherling, Washington, D. C., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and DURFEE, Judge, United States Court of Claims, sitting by designation.


BALDWIN, Judge.

This is an appeal from the decision of the Patent Office Board of Appeals which affirmed the final rejection of claims 5 and 11 of appellants' application1 under 35 U.S.C. § 103 as unpatentable in view of Werner2 and of claims 6 and 12 under 35 U.S.C. § 112 as being based on an inadequate disclosure. Claims 4 and 10 stand allowed.

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