In re Kollman

BALDWIN, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board) affirming the rejection of claims 1 and 3-15 1 in appellants’ application serial No. 547,292, filed February 5, 1975, for “Synergistic Herbicidal Composition.”

The board affirmed the examiner’s rejection of all claims under 35 U.S.C. § 103 as unpatentable “over the teachings of Bayer et al., Poignant et al., Inoue et al., and Tischler.” The board also entered new rejections, pursuant to its authority under 37 C.F.R. 1.196(b),2 of the claims under 35 U.S.C. §§ 103 or 102 over Bayer…