In re Custer

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting claims 5, 6, and 7 in appellant’s application for a patent for an invention of “new and useful improvements in an aero-plane.” Each of the appealed claims was rejected as lacking invention over the prior art, while claims 5 and 7 were also rejected as being aggregative, and claim 5 was additionally rejected as lacking clarity. Claims 17 and 18 were rejected by the Primary Examiner as being un-patentable in view of the prior art; however, the…