Application of Chester R. Austin, John Marshall Bertram, Edward J. Prince and Joseph K. Stone, Jr

SMITH, Judge.

The issues presented by this appeal are: (1) whether all of appellants’ claims are “unpatentable over” the prior art of record, under 35 U.S.C. § 103, and (2) whether certain of appellants’ claims fail to “particularly point out and distinctly claim” the invention, as required by 35 U.S.C. § 112.

The issues arise in an appeal from the decision of the Patent Office Board of Appeals 1 affirming the action of the examiner in finally rejecting all of the claims of appellants’ application for a patent. 2

The Invention

Appellants’ invention relates to an improvement in the art of…