Appeal No. 81-564.

666 F.2d 578 (1981)

In re John A. OELRICH et al.

United States Court of Customs and Patent Appeals.

December 10, 1981.

Attorney(s) appearing for the Case

Roger A. VanKirk, East Hartford, Conn., for appellant.

Joseph F. Nakamura, Sol., and Thomas E. Lynch, Associate Sol., Washington, D. C., for the 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 United States Patent and Trademark Office (PTO) Board of Appeals (board) sustaining the examiner's rejection of claim 1 in application serial No. 452,050, filed March 18, 1974, entitled "Sub-Critical Time Modulated Control Mechanism," under 35 U.S.C. § 102 as anticipated by appellant Oelrich's U.S. patent No. 3,430,536 for "Time Modulated Pneumatically Actuated Control Mechanism," issued March 4, 1969. We reverse...


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