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APPLICATION OF BERGY

Patent Appeal No. 76-712.

563 F.2d 1031 (1977)

In the Matter of the APPLICATION OF Malcolm E. BERGY, John H. Coats, and Vedpal S. Malik.

United States Court of Customs and Patent Appeals.

Rehearing Denied November 23, 1977.

Attorney(s) appearing for the Case

Roman Saliwanchik, Kalamazoo, Mich., attorney of record, for appellant; John Kekich, Kalamazoo, Mich., of counsel.

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

Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and SHIRO KASHIWA, Judge, United States Court of Claims.

RICH, Judge.

This appeal is from the majority decision of the divided Board of Appeals (board) of the United States Patent and Trademark Office (PTO) affirming the rejection of claim 5 of application serial No. 477,766, filed June 10, 1974. We reverse.

The Invention

The subject of the application, which, when filed, had the noncommittal title "Process," is made clear from the Abstract of the Disclosure, which reads:

Microbiological...

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