In re Brown

VAN ORSDEL, Associate Justice.

This is an appeal from the decision of the Board of Patent Appeals rejecting claims 1 and 2 and claims 10 to 17 of appellant’s application for a patent on an invention relating to a dry cell battery “depolarizing mixture consisting essentially of oxide of carbon and a conductive carbon intimately mixed.” The application also embraces a method of preparing the mixture by a milling operation.

Claims 1 and 2 read as follows:

“1. In the preparation of a battery de-polarizer, the step which consists in milling particles of conductive carbon having shells of oxide of…