Legal Opinion

Application of Arthur A. Hellbaum

Court of Customs and Patent Appeals

Decided February 9, 1967No. Patent Appeal 7743PublishedCited by 3 opinions

1Opinion of the Court

SMITH, Judge.

This is an appeal from a decision of the Board of Appeals affirming the examiner’s rejection under 35 U.S.C. § 103 and res judicata of claims 1 2 and 4. The prior art references relied on are:

Merckel et al. [Merckel] 2,627,493 February 3, 1953

Strean 2,449,184 September 14,1948

The claims were considered together. Claim 2 defines the invention as follows:

2. A product comprising sugar crystals and a coating on the sugar crystals containing a soluble fluoride in which the fluorine ion is present in an amount greater than one part by weight of the fluorine per one million parts by…

Also in this document: Concurrence.

2Cases cited2 opinions

  1. Application of Michael Mojzesz SzwarcCourt of Customs and Patent Appeals · 1963
  2. Application of Josef FriedCourt of Customs and Patent Appeals · 1963

3Cited by3 opinions

  1. In re KatzCourt of Customs and Patent Appeals · 1970
  2. Application of Hubert J. Tierney and Bertrand Y. AugerCourt of Customs and Patent Appeals · 1968
  3. Application of Hubert J. Tierney and Bertrand Y. AugerCourt of Customs and Patent Appeals · 1968

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