Application of Patrick

The two cases upon which the majority relies to the effect that the affidavit here in issue is not properly before the court were rendered obsolete by the action of the commissioner when he abolished the rule of those cases and all of the red tape which its enforcement entailed in the tribunals of the Patent Office.

This court has otherwise regarded an affidavit submitted on a petition for reconsideration as cumulative argument of the same character as that of the request for reconsideration and has accepted the argument thus advanced in the affidavit as a ground of reversal of the board on…