Application of Prutton

COLE, Judge.

Alleging certain inventive improvements in a lubricating composition, the appellant herein, on March 31, 1947, presented his application (Serial No. 738,497) to the Patent Office in which fifty-six claims were asserted. The Primary Examiner and the Board of Appeals, in concurring opinions, denied all of the claims of said application on the ground of res judicata, an unsuccessful prosecution of appellant’s earlier (parent) application (Serial No. 416,753, filed October 27, 1941) in which successive appeals to the District Court and Court of Appeals for the District of Columbia…