In re Gruschwitz

All the claims, 10 through 16, in appellant’s application1 for a patent on a “Spray-Plastering-Device for Applying Mortar to Ceilings and Walls of Buildings” were rejected as unpatentable over the single *1499reference, Fritz et al., German, Patent No. 1,013,861, January 23,1958.

In affirming the examiner’s rejection, the Board of Appeals states:2

This is an appeal from the final rejection of all the claims in the case on the ground that the applicants are barred a patent by reason of the provisions of paragraph (d) of Section 102 of Title 35, United States Code.

The following publications will be…