Application of Milton E. Herr

(dissenting, with whom KIRKPATRICK, J., joins).

In the commendable pursuit of an abstract ideal known as perfect justice, the majority seemingly attempts in this ■case to abolish the legal doctrine of res .judicata in ex parte patent cases. If the majority decision is allowed to stand, then the legal doctrine of res judicata will be essentially abolished in ex parte patent cases. Obviously, if res judicata is inapplicable as a ground of rejection when patentability of the same claims to the same applicant has been previously adjudicated adversely to the applicant in a final decision on the…