In re Ruscetta

Ralph A. Ruscetta and Alfred L. Jenny, have appealed from the decision of the Patent Office Board of Appeals affirming the examiner’s rejection of claims 1,2, 3, .19,20,21 and 22 of their application entitled *969“Method of Etching Capacitor Electrodes,” serial No. 507,010, filed May 9,1955. _ •

_ The central issue presented in this appeal is a question of law involving the legality of using appellants’1 British complete patent specification No. 691,509, published May 13, 1953, as a basis for rejecting the appealed claims.

The references relied upon are:

Taylor, 2,368,688, Feb. 6,1945.

British…