Application of Douglas H. Moreton

RICH, Judge.

This appeal is from the affirmance by the Patent Office Board of Appeals of the rejection of claims 2, 3, 8, 9, 13, and 14 of application Ser. 333,605, filed January 27, 1953, entitled “Method of Hydraulic Power Transmission and Lubrication.” At the argument appellant’s counsel withdrew claims 2, 3, and 13. The rejection is based on two references:

Caprio 2,245,649 June 17,1941

French

Patent 856,487 Mar. 23, 1940

The first question before us is, what did the appellant invent? We next have to determine whether that invention is patentable in view of the prior art. We turn to the…