In re Oelrich
Court of Customs and Patent Appeals
1Opinion of the Court
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.
Background
This application was the subject of In re Oelrich, 579 F.2d 86, 198 USPQ 210 (CCPA 1978), in which a rejection of claims…
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