Application of Friedrich Gruschwitz and Albert Fritz

WORLEY, Chief Judge.

All the claims, 10 through 16, in appellants’ application1 for a patent on a “Spray-Plastering-Device for Applying Mortar to Ceilings and Walls of Buildings” were rejected as unpatentable over the single reference, Fritz et al., German, Patent No. 1,013,861, January 23, 1958.

In affirming the examiner’s rejection, the Board of Appeals states:2

This is an appeal from the final rejection of all the claims in the case on the ground that the applicants are barred a patent by reason of the provisions of paragraph (d) of Section 102 of Title 35, United States Code.

The following…