Legal Opinion

Application of Virgil W. Vogel and Paul W. Vogel

Court of Customs and Patent Appeals

Decided June 11, 1970No. Patent Appeal 8198PublishedCited by 84 opinions

1Opinion of the Court

LANE, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of all claims (7, 10 and 11) in appellants’ patent application serial No. 338,158, filed January 16, 1964, for “Process of Preparing Packaged Meat Products for Prolonged Storage.”

The ground of rejection for each claim is double patenting, based upon the claims of appellants’ U.S. patent 3,124,462, issued March 10, 1964, in view of a reference patent to Ellies, Re. 24,-992, reissued May 30, 1961. No terminal disclaimer has been filed.

THE APPEALED CLAIMS

Claims 7 and 10 are directed to a…

2Cases cited5 opinions

  1. Application of William G. Baird, Jr., Carl A. Lindstrom, Jr., Arthur L. Besse, Jr., and Donald J. D'EntrEmontCourt of Customs and Patent Appeals · 1965
  2. Application of Oliver C. EckelCourt of Customs and Patent Appeals · 1968
  3. In re OckertCourt of Customs and Patent Appeals · 1957
  4. Application of Francis J. BoylanCourt of Customs and Patent Appeals · 1968
  5. Application of Paul H. AldrichCourt of Customs and Patent Appeals · 1968

3Cited by84 opinions

  1. Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
  2. Georgia-Pacific Corporation, Plaintiff-Cross v. United States Gypsum Company and L&w Supply CorporationCourt of Appeals for the Federal Circuit · 1999
  3. In Re Paolo LongiCourt of Appeals for the Federal Circuit · 1985
  4. In Re Robert Goodman, Vic C. Knauf, Catherine M. Houch and Luca ComaiCourt of Appeals for the Federal Circuit · 1993
  5. In Re Anita Dembiczak and Benson ZinbargCourt of Appeals for the Federal Circuit · 1999

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