In re Litman

RICH, Judge.

This appeal was taken from the decision of the Patent Office Board of Appeals affirming the rejection of claims 3-9 and 11-13, and dismissing the appeal as to claims 2 and 10, of application serial No. 714,016, filed March 18, 1968, entitled “Assailant Ineapaeitator.” 1 Appellants have withdrawn their appeal as to claim 10. We affirm.

Appellants’ brief asserts that the invention herein claimed is being sold under the trademark “Chemical Mace,” a weapon” which is non-lethal and consists of a tear gas composition “in a conventional pressurized aerosol container” by means of which a…