In re Eksergian

The Primary Examiner of the United States Patent Office rejected,, for want of patentability in view of the prior art, all the claims of appellant’s application for a patent relating to a sheet metal structure and method of making the same. After final rejection by the Primary Examiner, appellant cancelled all the claims in his application except claims 11' and 13, both of which are method claims. From the decision of the Primary Examiner rejecting said claims 11 and 13, appellant appealed to the Board of Appeals, where the decision of the examiner as to these claims was affirmed. We are…