Application of Marion L. Smitley

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner’s rejection of claims 1, 3, 6, 8 and 12 in application Ser. No. 618,-757, filed October 29, 1956, for “Governor.”

Appellant also appeals from the board’s refusal to consider claim 13, proposed by appellant April 29, 1960, in a “Request for Interference” with Wetterhahn patent 2,921,641, issued January 19, 1960, which was after the hearing before the board and before its decision. No claim has been allowed.

The Smitley invention is a vacuum-actuated, “combined engine and road speed governor”…