In re Fear

This case comes to us on appeal from a decision of the Board of A ppeals of the United States Patent Office affirming that of the Primary Examiner finally rejecting all of the claims, 1 to 6 inclusive, of an application for a patent alleging “certain new and useful improvements in a Method of Making Ice Cream.”

The alleged invention of the application relates to a method of making ice cream, and the product produced thereby, as is illustrated in claim 1, reading as follows:

1. A method of making ice cream including the steps of forming a mix, pasteurizing the mix, neutralizing the mix by means…