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APPLICATION OF PAYNE

Patent Appeal No. 77-522.

606 F.2d 303 (1979)

In the Matter of the Application of Linwood K. PAYNE, Jr., Deceased by Betty Lou Payne, Executrix, John A. Durden, Jr. and Mathias H. J. Weiden, Appellants.

United States Court of Customs and Patent Appeals.

September 13, 1979.

Attorney(s) appearing for the Case

Robert C. Brown, Aldo J. Cozzi, New York City, attorneys of record, for appellants; James C. Arvantes, Arlington, Va., 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 RE, Chief Judge.

MARKEY, Chief Judge.

Payne et al. (Payne) appeal from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) sustaining the rejection under 35 U.S.C. § 103 of claims 1-12 of application serial No. 254,271, filed May 17, 1972, for "Pesticidal Compositions." We affirm.

The Invention

Payne invented five, six, and seven member heterocyclic carbamoyloximino compounds having pesticidal activity. The claims...

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