Legal Opinion

Application of Francis Trigg Parfrey

Court of Customs and Patent Appeals

Decided July 18, 1962No. Patent Appeal 6830Published

1Opinion of the Court

WORLEY, Chief Judge.

The sole issue in this appeal is whether appellant is entitled to copy a single claim 1 from a patent. The Board of Appeals affirmed the Primary Examiner’s holding that he was not so entitled. Appellant asks us to reverse.

Appellant seeks to copy claim 15 from

Burch 2,898,633 August 11, 1959,

(filed July 21,1953).

That claim corresponds to claim 13 of the instant application and reads:

“13. The method of forming hollow plastic articles comprising issuing a hollow open-ended substantially tubular formation of thermoplastic material from an orifice, said material of the issued…

2Cases cited1 opinion

  1. Application of Edward C. Filstrup, JrCourt of Customs and Patent Appeals · 1958

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