Legal Opinion

In re Mullin

Court of Customs and Patent Appeals

Decided August 16, 1973No. Patent Appeal No. 8905Published

1Opinion of the Court

ALMOND, Senior Judge.

This is an appeal from the decision of the Patent Office Board of Appeals sustaining the examiner’s rejection of claims 1-5 and 12 of appellants’ application1 for “Abrasive Article And Method For Its Production.” Claims 1-5 were rejected under 35 U.S.C. § 102. Claim 12 was rejected under 35 U.S.C. § 103. We affirm the rejection of claims 1-4 and reverse as to claims 5 and 12.

*1334 Invention

Appellants’ invention is best considered in light of the claims involved in this appeal. They are set forth below:

1. An abrasive device having a surface deposit comprising an accumulation of…

2Cases cited3 opinions

  1. Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
  2. Tilghman v. ProctorSupreme Court of the United States · 1881
  3. In re HerbertCourt of Customs and Patent Appeals · 1972

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