In re Prater

Eicii, Judge,

dissenting from the grant of the petition, with whom Almond, Judge, joins:

The Petition for Rehearing, filed by the Patent Office, should be denied. None of the reasons advanced for granting shows compliance with our rule on rehearings. In effect, as hereinafter explained, our four-to-nothing opinion is the result of a careful ^consideration of an earlier opinion, which is equivalent to a rehearing.

Rehearing at this time can serve only to foster uncertainty in the law, to encourage the Patent Office in its policy of refusing to follow *1377what this reviewing court has now declared the…