Application of Milton E. Herr

WORLEY, Chief Judge.

This appeal is from the decision of the Board of Appeals affirming the res judicata rejection of claims 1-3 of appellant’s application1 for “Organic Compounds,” wherein the board stated^

The sole rejection is on the ground of res judicata arising from the prosecution of appellant’s parent application, Serial No. 583,923, culminating in a decision by the United States Court of Customs and Patent Appeals, In re Herr, 50 CCPA 705, * * * 304 F.2d 906, 134 USPQ 176. Claims 1, 2 and 3, here on appeal correspond exactly to claims 1, 4 and 3, respectively, adjudicated in the prior…