APPLICATION OF WEBER

Appeal No. 77-622.

580 F.2d 455 (1978)

Application of Rolf-Ortwin WEBER, Alfons Soder and Istuan Boksay.

United States Court of Customs and Patent Appeals.

June 30, 1978.


Attorney(s) appearing for the Case

David R. Murphy, Arlington, Va., attorney of record, for appellants, Charles A. Wendel, Harold C. Wegner, Arlington, Va., on behalf of the Patent, Trademark and Copyright Section, Virginia State Bar.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents.

Fred E. McKelvey, Woodbridge, Va., for the Patent and Trademark Office.

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


BALDWIN, Judge.

This appeal is from a decision of the United States Patent and Trademark Office (PTO) Board of Appeals (board) affirming the examiner's rejection of claims 1-6 "as being improper Markush claims[1] and misjoinder under 35 USC 121." [2] The board also dismissed, for want of jurisdiction, the appeal of claims 8-13, 16, 17, 20, 22 and 23 in that the claims "were withdrawn from

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