Appeal No. 80-603.

646 F.2d 527 (1981)

In re John H. WERTHEIM and Abraham Rudolph Mishkin.

United States Court of Customs and Patent Appeals.

Rehearing Denied July 9, 1981.

Attorney(s) appearing for the Case

William H. Vogt, III, Morris N. Reinisch, Dennis P. Tramaloni, and Marcus J. Millet, New York City, for appellants.

Joseph F. Nakamura, Sol., Gerald H. Bjorge, Associate Sol., Washington, D. C., for Patent and Trademark Office.

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

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the final rejection under 35 U.S.C. § 103 of claims 37, 38, and 44 in application serial No. 96,285, filed by Wertheim and Mishkin (Wertheim) December 8, 1970, entitled "Drying Method." We reverse.

At the outset, we note the prolonged, if not tortuous, prosecution of the present application. During the past decade, this application...


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