Application of Milton E. Herr

The opinion written by the Chief Judge reaches a result with which I am in full accord. Since the decision in the present case will materially affect future rejections predicated on res judicata, it seems desirable to amplify the statement of facts on which the present decision is predicated and to add some additional observations as to rationale which should govern its application in administrative proceedings.

The Facts Here do not Warrant the Application of Res Judicata

The pertinent facts of record may be briefly summarized. Appellant Herr filed application No. 583,923 on May 10, 1956, as a…