In re Martin

The appeal in this case was argued with the appeal in No. 5080, which is regarded as a companion case, the decision in which is made concurrently herewith. 33 C. C. P. A. (Patents) 842, 154 F. (2d) 126, 69 USPQ 75.

It might be sufficient to write but one opinion, but since it has been otherwise treated by the tribunals below and briefed separately upon separate records, we think it proper to render separate opinions ini each of the appeals.

In the instant case the Primary Examiner finally rejected claims 1 to 8, inclusive, and 10 and 11 of appellant’s application for a, patent directed toward a…