Application of David Tanner

343 F.2d 1018, 52 C.C.P.A. 1307

• Court: Court of Customs and Patent Appeals
• Decided: April 30, 1965
• Docket: Patent Appeal 7514
• Status: Published

Opinions

PER CURIAM.

This appeal is from a decision of the Patent Office Board of Appeals dated March 31, 1964.

Appellant has moved to correct diminution of the record by the addition of a terminal disclaimer filed by applicant in the Patent Office and recorded therein on November 9,1964. The motion is denied without prejudice. The case is remanded to the Patent Office Board of Appeals to determine the effect of said terminal disclaimer on the issues presented by the appeal, taking into consideration In re Robeson, 331 F.2d 610, 51 CCPA 1271, decided May 14, 1964, and In re Kaye, 332 F.2d 816, 51 CCPA 1465, decided June 11, 1964, and to take such further action as it may deem appropriate. See 28 U.S.C. § 2106.