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APPLICATION OF HAAS

Patent Appeal No. 9136.

486 F.2d 1053 (1973)

Application of Howard C. HAAS.

United States Court of Customs and Patent Appeals.

November 1, 1973.

Attorney(s) appearing for the Case

Sheldon W. Rothstein, Brown & Mikulka, Cambridge, Mass., attorneys of record, for appellant; Donald R. Dunner, Washington, D. C., of counsel.

Ellsworth H. Mosher, Arlington, Va., for amicus curiae.

Joseph F. Nakanura, Acting Sol., for the Commissioner of Patents.

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

MARKEY, Chief Judge.

This appeal is from the dismissal by the Board of Appeals in Ex parte Haas, 175 USPQ 217 (1972), for lack of jurisdiction of an appeal from the examiner's "withdrawal from further consideration" of claims 1 and 2 of appellant's application, serial No. 821,511, filed May 2, 1969, entitled "Novel Polymerization Initiators."1 We hold that the board erred in its denial of jurisdiction under 35 U.S.C. §§ 7 and...

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