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APPLICATION OF NABER

Patent Appeal No. 9192.

503 F.2d 1059 (1974)

Application of Jaap E. NABER and Fritz M. Dautzenberg.

United States Court of Customs and Patent Appeals.

September 26, 1974.

Attorney(s) appearing for the Case

Leonard P. Miller and Theodore E. Bieber, Shell Development Co., Patents and Licensing Division, Houston, Tex., for appellant.

Joseph F. Nakamura, Sol., Robert D. Edmonds, Asst. Sol., U. S. Patent Office, Washington, D. C., for Commissioner of Patents.

PER CURIAM.

The Commissioner of Patents has petitioned for a rehearing or modification of our decision of April 25, 1974, 494 F.2d 1405.

The petition is based in part1 on the allegation that the court "has demonstrably applied, sua sponte, the `rule of doubt,' i.e., of `resolving doubt in favor of applicants for patents' * * *." As a careful reading of the opinion demonstrates, no such "rule of...

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