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APPLICATION OF SULKOWSKI

Patent Appeal No. 9038.

487 F.2d 920 (1973)

Application of Theodore S. SULKOWSKI.

United States Court of Customs and Patent Appeals.

December 6, 1973.

Attorney(s) appearing for the Case

Ellsworth H. Mosher, Arlington, Va., attorney of record, for appellant, Robert Wiser, Philadelphia, Pa., (Wyeth Laboratories), John W. Routh, Vito Victor Bellino, New York City (American Home Products Corporation), of counsel.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents, Raymond E. Martin, Washington, D. C., Gerald H. Bjorge, of counsel.

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

BALDWIN, Judge.

This is an appeal from the decision of the Board of Appeals sustaining the rejection of claims 22, 23, 24 and 25 of appellant's application1 under 35 U.S.C. § 102(e) of Houlihan patent No. 3,334,113, issued August 1, 1967, on an application filed December 18, 1963. The appealed claims were copied from Houlihan for purposes of interference2 Appellant's application having been filed later...

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