Matter of the Application of William C. Mason

JOHNSON, Chief Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office, rejecting as unpatentable over the prior art claims 1, 2, 8, 9 and 11 of appellant’s application for a patent for “Improvements in Valves.”

The board refused to sustain the rejection of the Primary Examiner on the basis of the references cited but, under the provisions of Rule 196(b), Rules of Practice, United States Patent Office (September 1955), 35 U.S.C.A.Appendix, applied two additional references and, at the same time, withdrew one of the references upon which the examiner…