In re Mayhew

Background

I completely agree with the majority opinion in this case, as far as it goes. I find myself compelled to express my views by way of this concurring opinion because the majority does not go far enough.

This appeal has been before us for quite some time. As the majority states, our original opinion was handed down on March 13, 1975. We granted appellant’s Petition for Rehearing basically because of our uncertainty of the appropriate paragraph of 35 U.S.C. § 112 employed by the PTO as a basis for its rejections. I have maintained, from the outset, that a complete disposition of the…