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ROHM AND HAAS COMPANY v. GOTTSCHALK

No. 73-1653.

504 F.2d 259 (1974)

ROHM AND HAAS COMPANY, Appellant, v. Robert GOTTSCHALK, Commissioner of Patents.

United States Court of Appeals, District of Columbia Circuit.

Decided September 18, 1974.

Attorney(s) appearing for the Case

William E. Lambert, III, Philadelphia, Pa., with whom George W. F. Simmons, Philadelphia, Pa. and Franklin D. Wolffe, Washington D.C. were on the brief for appellant.

Fred E. McKelvey, Atty., Washington, D.C., for appellee. Joseph F. Nakamura, Sol., was on the brief for appellee.

Eric P. Schellin, Arlington, Va. and Anne M. Kornbau, Arlington, Va. filed a brief on behalf of National Patent Council, Inc., as amicus curiae urging reversal.

Before McGOWAN and TAMM, Circuit Judges, and EDWARDS, United States Circuit Judge for the Sixth Circuit.

PER CURIAM.

This is a patent case which is subject to disposal on purely procedural grounds. Following a practice known as "withdrawal" which had gained some standing in the Patent Examiner's office, the Examiner rejected claims 12 to 17 of plaintiff-appellant's patent application and then "withdrew" claims 23 and 24 from consideration. The effect of this was to leave plaintiff free to refile these claims separately. As of the time of the Examiner's action, however...

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