In re Langsner

This is an appeal from a decision of the Board of Appeals of the United States Patent Office affirming a decision of the Primary Examiner rejecting claims 9,10, 11,13, 14, and 17 to 23, inclusive, of appellant’s application for a patent.

The claims were rejected upon the ground that there is no patentable distinction between them and a count, No. 5, of an interference between a copending application of appellant and an application of another party. The interference had not been terminated when this appeal was taken. Said count 5 of the interference corresponded to original claim 8 of…