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APPLICATION OF BORKOWSKI

Patent Appeal No. 74-564.

505 F.2d 713 (1974)

Application of Walter L. BORKOWSKI and John J. vanVenrooy.

United States Court of Customs and Patent Appeals.

Rehearing Denied January 23, 1975.

Attorney(s) appearing for the Case

Barry A. Bisson, Wilmington, Del., attorney of record, for appellants.

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

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

MARKEY, Chief Judge.

This is an appeal from the decision of the Patent Office Board of Appeals affirming the examiner's rejection under 35 U.S.C. § 103 of claims 1-14 and 24-32 in appellants' application serial No. 621,379, filed January 23, 1967,1 entitled "Chlorination of Hydrocarbons." A Rule 131 affidavit submitted to antedate the sole prior art patent on which the rejection was based was held inadequate. We affirm.

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