In re Sabatino

ALMOND, Senior Judge.

This is an appeal from the decision of the Patent Office Board of Appeals, *912adhered to on reconsideration, affirming the rejection under 35 U.S.C. § 112 of claim 1 of appellants’ application entitled “Storage Battery Construction and Method of Making Same.”1 We affirm that decision.

The application is a continuation of serial No. 132,660, filed August 21, 1961. The earlier application was the subject matter involved in this court’s decision in In re Sabatino, 387 F.2d 981, 55 CCPA 811 (1968).

Claims 1 and 2 were copied from a patent to Frischkorn et al. (Frisehkorn)2 and an…