Application of Wallace A. Shelby, Jr

SMITH, Judge.

Appellant has appealed from the decision of the Board of Appeals of the Patent Office, affirming the primary examiner’s rejection of claims 1, 4, 6 and 8 of the appellant’s patent application 1 entitled “Cellular Floor Construction”, as “unpatentable over” certain prior art. In his brief appellant has waived appeal with respect to appealed claims 4, 6 and 8. Therefore, only claim 1 remains to be considered in this appeal.

At the outset, some confusion in connection with this appeal can be avoided if we first determine the exact nature of the rejection upon which we are here…