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Legal Opinion

Application of Arthur E. Middleton and Donald C. Reynolds

Court of Customs and Patent Appeals

Decided June 28, 1963No. Patent Appeal 7026PublishedCited by 4 opinions

1Opinion of the Court

ALMOND, Judge.

This is an appeal from the decision of the Board of Appeals affirming the examiner’s rejection of claims 1 and 35 of appellants’ patent application, 1 as barred by statute (35 U.S.C. § 102(b)) in view of two patents. Two claims have been allowed.

The invention relates to xerography, a process of recording light and shadow on a plate by means of electrostatic energy. The specification describes the xerographic process generally as follows:

“ * * * [A] base plate of relatively low electrical resistance such as metal, paper, etc. having a photo-conductive insulating surface thereon…

2Cases cited2 opinions

  1. In Re BoyceCourt of Customs and Patent Appeals · 1944
  2. In re SaurerCourt of Customs and Patent Appeals · 1941

3Cited by4 opinions

  1. Application of Edwin H. Land and Howard G. RogersCourt of Customs and Patent Appeals · 1966
  2. SCM Corporation v. Radio Corporation of AmericaDistrict Court, S.D. New York · 1970
  3. Application of Elkan R. Blout and Howard G. RogersCourt of Customs and Patent Appeals · 1964
  4. Application of Edwin H. Land and Howard G. RogersCourt of Customs and Patent Appeals · 1966

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