Application of Dalton

The case upon which the majority relies in effecting the final rejection of the affidavits submitted by appellants on the petition for reconsideration was rendered obsolete when old rule of practice, 138, was revoked and supplanted by Rule 195 of the new rules of practice in the Patent Office.1

Even so, a rule of procedure for the conduct of the business of the Patent Office shall not be permitted to interfere with the jurisdiction of this court in granting a patent to an inventor who otherwise would have been deprived of such right by the enforcement of the rule in question.2

A proper practice…