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APPLICATION OF HERSCHLER

Patent Appeal No. 8889.

474 F.2d 675 (1973)

Application of Robert J. HERSCHLER.

United States Court of Customs and Patent Appeals.

March 8, 1973.

Attorney(s) appearing for the Case

Robert E. Howard, San Francisco, Cal., attorney of record, for appellant. Thomas R. Lampe, San Francisco, Cal., of counsel.

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

Before MARKEY, Chief Judge, RICH, ALMOND, BALDWIN, and LANE, Judges.

LANE, Judge.

This appeal is from the decision of the Board of Appeals, adhered to on reconsideration, sustaining the rejection of claims 16, 27, 28, 29, 35, 36 and 38 of appellant's application1 entitled "Enhanced Plant Tissue Penetration" as unpatentable under 35 U.S.C. § 103 in view of a publication of The Stepan Chemical Company (hereafter Stepan).2 We reverse.

Appellant describes his invention...

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