In Re Gauerke

LENROOT, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office, affirming a decision of the examiner, rejecting all of the claims, numbered 1 to 14, inclusive, of appellant’s application; the ground of rejection was the lack of patentability of the claims over the cited-prior art.

Nine of the claims are product claims, the remainder being process claims. Claims 1 and 7 are illustrative of the claims and read as follows:

“1. An oil modified polyhydric alcohol-polybasic acid resin comprising a polyhydric alcohol ester of an organic poly-basic…