Legal Opinion · Dissent

In re Wagenhorst

Court of Customs and Patent Appeals

Decided April 24, 1933No. Patent Appeal No. 3059Published

1DissentLenroot, Associate Judge

I am compelled to dissent from so much of the decision of the majority as reverses the *785decision of the Board of Appeals as to claims 8 and 10 of appellant’s application. My grounds of dissent are throe in number: (1) That the point upon which the decision of the Board is reversed with respect to said ¡claims 8 and 10 is not raised in the reasons of appeal, is not raised in the brief of appellant, and, to my best recollection, was not even referred to by appellant’s counsel in oral argument before us; (2) that the Board of Appeals was correct in holding that the element of the claims upon…

2Cases cited8 opinions

  1. Mahler v. EbySupreme Court of the United States · 1924
  2. Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
  3. Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
  4. Derby Oil Co. v. White Star Refining Co.Court of Customs and Patent Appeals · 1933
  5. In re SchneiderCourt of Customs and Patent Appeals · 1930

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