In re Martin

The Primary Examiner of the United States Patent Office rejected claims 1 to 12, inclusive, of appellant’s application No. 289,262 for a patent on a method of refining petroleum oils to produce low viscosity lubricant oils. All the claims except claim 10 were rejected as defining aggregations and as reciting nothing patentable over the prior art cited. Claim 10 is drawn to a nonelected species and its! allowability depends upon the allowance of certain of the other claims.

The Board of Appeals affirmed the action of the Primary Examiner and appellant’s appeal here is from its decision.

In this…