In Re Staats

I concur in the judgment the majority reaches—the decision of the Board of Patent Appeals and Interferences (“the Board”) in this ease cannot stand. I do not join in the majority’s reasoning, however. To the extent the majority opinion concludes that the only basis upon which to premise reversal is the existence of In re Doll, 57 CCPA 822, 419 F.2d 925 (1970) in this court’s repertoire of decided cases, the opinion is inadequate. To the extent the majority opinion is no more than a begrudging nod to Doll’s precedential effect with an invitation to reconsider that decision, the majority…