Application of Don G. Hutton and Christopher L. Wilson

I fully agree with the result reached but with qualifications as to what might be drawn therefrom.

This case seems to me quite similar in principle to In re Walter, 292 F.2d 547, 48 CCPA 1094. We there found support for a claim copied for interference purposes on the theory of in-herency even though, as the dissenting opinion there pointed out (the same being true here), “appellant’s application contains no express disclosure of the limitation in the appealed claim,” “the property claimed * * * was not recognized or disclosed,” and “appellant did not appreciate the advantage” of the structure…