Legal Opinion · Concurrence

Application of Hampton G. Corneil and Andrew D. Suttle, Jr

Court of Customs and Patent Appeals

Decided October 12, 1965No. Patent Appeal 7295Published

1Concurrence

SMITH, Judge,

(dissenting in part, with whom RICH, J., joins).

Study of the record has convinced me that the board committed no reversible error in sustaining the rejection of claims 1-12 as unpatentable over the prior art, and I agree with the majority that that aspect of the appealed decision should be affirmed.

I do not agree, however, that appellants’ disclosure is inadequate. See my concurring opinion in appeal No. 7284, 347 F.2d 557 decided concurrently herewith. It is clear that a person of ordinary skill in this art, viewing the present disclosure, would reasonably expect that…

2Cases cited2 opinions

  1. In re ChilowskyCourt of Customs and Patent Appeals · 1956
  2. Application of Hampton G. Corneil and Andrew D. Suttle, JrCourt of Customs and Patent Appeals · 1965

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