Legal Opinion

Application of Roger Gilmont

Court of Customs and Patent Appeals

Decided November 22, 1957No. Patent Appeal 6292Published

1Opinion of the Court

JOHNSON, Chief Judge.

This is an appeal from a decision of the Patent Office Board of Appeals, rejecting claims 2 to 9 inclusive as unpatentable over the prior art, in appellant’s application No. 197,667, filed November 27, 1950, for “Dispensing Device.” No claims stand allowed.

Claims 2 and 9 are representative of the appealed claims and read as follows:

“2. A bottle as claimed in claim 9, wherein the entire wall of the body of the bottle is resiliently deformable and compressible and the diameter of the vent in the delivery tube is between about two and one-half one-thousandths and about one…

2Cases cited3 opinions

  1. Application of McKennaCourt of Customs and Patent Appeals · 1953
  2. Application of BisleyCourt of Customs and Patent Appeals · 1952
  3. In re PenningtonCourt of Customs and Patent Appeals · 1957

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