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APPLICATION OF GARDNER

Patent Appeal No. 8923.

480 F.2d 879 (1973)

Application of John Nicholson GARDNER.

United States Court of Customs and Patent Appeals.

June 14, 1973.

ON PETITION FOR REHEARING AND RECONSIDERATION

MARKEY, Chief Judge.

The Commissioner has petitioned for rehearing and reconsideration with respect to our reversal of the § 112 rejection based on the first paragraph description requirement. Our view that original claim 2 in itself constituted sufficient "description in the original disclosure" of a subgenus within the broad class of quanidinoalkyl-1: 4-benzodioxan derivatives disclosed in the application...

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