Leutzinger v. Ladd

JACKSON, Judge.

This civil action was filed pursuant to the provisions of Title 35 U.S.C. § 145 seeking judgment authorizing the defendant, Commissioner of Patents, to issue letters patent to plaintiff containing Claims 1 to 9, inclusive, of an application Serial No. 468,784, filed November 15, 1954, entitled “A Composition Stick for Filling Small Regular Cavities”.

The Examiner rejected Claims 1 to 9, inclusive, as being based on an inadequate disclosure. He also rejected dependent Claims 7 to 9 as being improper since they defined the composition stick in terms of its process of manufacture.…