Appeal No. 77-625.

578 F.2d 301 (1978)

Application of Edward M. MARSHALL.

United States Court of Customs and Patent Appeals.

June 30, 1978.

Attorney(s) appearing for the Case

Edward D. O'Brian, Anaheim, Cal., atty. of record, for appellant.

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

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

LANE, Judge.

This is an appeal from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) sustaining the examiner's rejection under 35 U.S.C. § 102 of claims 1-4 and entering a new ground of rejection under 37 CFR 1.196(b) of claims 5-9 under 35 U.S.C. § 103. We reverse both rejections.



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