Patent Appeal No. 74-618.

514 F.2d 1057 (1975)

Application of Lewis A. WAY et al.

United States Court of Customs and Patent Appeals.

May 1, 1975.

Attorney(s) appearing for the Case

Eugene F. Buell, Buell, Blenko & Ziesenheim, Pittsburgh, Pa., attorneys of record, for appellant.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D. C., of counsel.

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

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals affirming the rejection under 35 U.S.C. § 103 of claims 1-3 and 5 in application serial No. 36,406, filed May 11, 1970, for "METAL WORKING APPARATUS AND METHODS OF PIERCING." We reverse.

The invention relates to the manufacture of seamless metal tubing by rolling a round bar or billet of steel over a piercer point. Fig. 30-21 of The Making, Shaping...

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