Application of Harry Dudley Wright

The dissenting opinion herein prompts me to add a few additional observations which support the conclusion reached by the majority.

The issue here arises in a “same invention” type of “double patenting” situation. In In re Robeson, 331 F.2d 610, 51 CCPA 1271 (1964), we observed that the bar to a second patent on the same invention arises from 35 U.S.C. § 101. There, the court stated:

Where the claims of a second application are substantially the same as those of the first patent, they are barred under 35 U.S.C. 101. In re Ockert, 245 F.2d 467, 44 CCPA 1024. Miller v. Eagle Mfg. Co., 151 U.S.…