In re Hubbell

The issue presented in the instant appeal involves primarily but one question — whether or not, under the circumstances shown by the record, it amounted to invention to make an article integral rather than in more than one piece.

The Board of Appeals of the United States Patent Office affirmed the action of the Primary Examiner in rejecting claim 10, the only claim in appellant’s application for a patent, for want of invention over the prior art. From the board’s decision appellant here appeals.

The invention relates to furnace linings and the single claim here on appeal reads as follows:

10. A…