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IN RE VAN ORNUM

Appeal No. 82-505.

686 F.2d 937 (1982)

In re Joel V. VAN ORNUM and Peter L. Stang.

United States Court of Customs and Patent Appeals.

August 5, 1982.

Attorney(s) appearing for the Case

Harry M. Cross, Jr., Daniel W. Sixbey, Arlington, Va., and Stuart J. Friedman, Seattle, Wash., 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 United States Patent and Trademark Office (PTO) Board of Appeals (board) sustaining the rejection of claims 1-3, 6, and 7 of application serial No. 821,360, filed August 3, 1977, for "Elastomeric Sealant Composition," on the ground of double patenting and also on a theory of abandonment by assignment, citing 35 U.S.C. § 102(c). We affirm the double patenting rejection and do not reach the abandonment issue...

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