Legal Opinion · Dissent
Application of Frederick A. Purdy
Court of Customs and Patent Appeals
Decided June 20, 1968No. Patent Appeal 7860Published
1DissentSmith, Judge
(dissenting, with whom RICH, J., joins).
My disagreement with the opinion of the majority starts with my inability to agree that the complex issues presented on this record can be accurately stated as being a “main issue” of “double patenting.”
The record shows that the initial rejection under 35 U.S.C. § 103, which was made by the examiner, was affirmed by the board, and is defended here by the solicitor as a proper rejection. This rejection cannot be supported.
The application which forms the basis of the present appeal was filed on March S, 1961 in the name of Frederick A. Purdy as the sole…
2Cases cited15 opinions
- Application of Max O. RobesonCourt of Customs and Patent Appeals · 1964
- Application of Christian Zickendraht and Arthur BuehlerCourt of Customs and Patent Appeals · 1963
- In re SarettUnited States Customs Court · 1964
- Stefano Sovich v. P. A. Esperdy, District Director, Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1963
- Application of Saul KayeCourt of Customs and Patent Appeals · 1964
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