Application of Campbell

The Solicitor for the Patent Office properly concedes in his brief that if the application at bar is a true division of appellant’s parent application, No. 687,-115, his affidavit under Rule 131 effectively removes the reference “American Helicopter” from the proceeding.

That reference was evidently relied upon by the tribunals of the Patent Office to bolster their rejection of appellant’s claim solely on the ground that it was un-patentable over the design disclosed by the patent to Lewis.

It is my conviction after a careful analysis of the facts presented by the record and the long array of…