Legal Opinion

In re Prutton

Court of Customs and Patent Appeals

Decided March 1, 1949No. 5549PublishedCited by 1 opinion

1Opinion of the CourtJohnson, Judge

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection by the Primary Examiner of all the claims, 1 to 26, inclusive, 29 to 51, inclusive, and 53 to 58, inclusive, in appellant’s application for a patent for new and useful improvements in “Lubricant Improving Agent And Lubricant Containing Same.” Claims 5-13,19-24,26, 31-33,38-42,44-47, 49-51,' and 55-58 were rejected as not reading on the elected species. The remaining claims were rejected as lacking invention over the prior art.

The references cited by the examiner and board are:

2Cases cited7 opinions

  1. Chapman v. BeedeCourt of Appeals for the D.C. Circuit · 1924
  2. In re WithingtonCourt of Customs and Patent Appeals · 1939
  3. In re HockCourt of Customs and Patent Appeals · 1948
  4. Read Holliday & Sons, Ltd. v. Schulze-BergeU.S. Circuit Court for the District of Southern New York · 1896
  5. In re PruttonCourt of Customs and Patent Appeals · 1941

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Application of BeltzCourt of Customs and Patent Appeals · 1950

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