In re Brogden

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the action of the Primary Examiner in rejecting twenty-two claims in appellants’ application for a patent for certain alleged new and useful “Improvements in Bottle Carriers and Packages.” The examiner rejected all the submitted claims, 1 to 25 inclusive; but the board allowed claims 1,3, and 21 which are generic to the two species of the invention defined by the claims. Claims 5, 6, 7, 15, 16, 17, 22, and 23 are drawn to the elected species. Claims 8, 9,10,18,19, 20, 24, and 25, drawn to…