In re Smith

LenRoot, Judge,

delivered tlie opinion of the court:

This is an appeal from a decision of the Board of Appeals1 of the United States Patent Office affirming a decision of the Primary Examiner requiring division between two groups of claims, viz, claims 1 to 3, inclusive, and claims 4 to 13, inclusive, of appellant’s application for a patent.

The sole question presented to us in this appeal is whether or not these two groups of claims are so related that they may properly be prosecuted in the same application.

The claims of the first group are method claims, and those of the second group are…