APPLICATION OF HOGAN

Patent Appeal No. 76-641.

559 F.2d 595 (1977)

Application of John Paul HOGAN and Robert L. Banks.

United States Court of Customs and Patent Appeals.

July 28, 1977.


Attorney(s) appearing for the Case

E. Eugene Innis, Bartlesville, Okl., Young & Quigg, Washington, D. C., attys. of record, for appellants.

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

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


MARKEY, Chief Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals affirming various rejections, under 35 U.S.C. §§ 102, 103, 112 (first paragraph), and 132, of claims 13-15 in appellants' application No. 181,185 filed September 16, 1971 (the 1971 application) for "Solid Polymers of Olefins."1 A main issue involves use of a "later state of the art" as evidence to support a rejection...

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