In re Hirschhorn

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the action of the Primary Examiner in finally rejecting claims 9 to 13, inclusive, in appellant’s application for a patent for tea balls and a method of making them, on the ground of misjoinder of invention.

Appellant’s application originally contained thirteen claims, of which method claims 1 to 8, inclusive, were directed to methods of making tea balls, and claims 9 to 13, inclusive, were directed to the *1157article. Division between those groups of claims was required by the Primary Examiner…