Application of Edwin H. Land and Howard G. Rogers
Court of Customs and Patent Appeals
1DissentWorley, Chief Judge
I agree with the reasoning and conclusions of the majority save its reversal of the rejection of claims 53, 66, 70 and 71. I disagree with th'e majority’s conclusion with respect to the latter claims insofar as it appears to proceed on the rationale that the claims are limited to the same aspect of the invention as claimed in allowed claim 56, hence allowable for the reasons the board gave for allowing that claim.1
As the majority observes, the disclosed invention is capable of expression in various ways. “Deferred diffusion” is one expression appellants use. What the majority apparently fails…
2Cases cited3 opinions
- Application of John L. Margaroli and Earl J. HesseCourt of Customs and Patent Appeals · 1963
- Application of Carlyle M. Ashley and William H. RobertsCourt of Customs and Patent Appeals · 1963
- In re McMurryCourt of Customs and Patent Appeals · 1956