Application of Hugh Harper Gibbs and Richard Norman Griffin

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner’s rejection of claims 1-3 in application serial No. 290,184, filed June 24, 1963, for “Trifluorovinyl Sulfonic Acid Polymers.” The real party in interest is E. I. du Pont de Nemours and Company, assignee. We reverse.

The same applicants who are appellants here were issued a patent, assigned to duPont, No. 3,041,317, on June 26, 1962, which was less than a year before the filing of the application on appeal. That patent is the sole reference relied on to support the rejection.

The ground of…