In re Finley

Customs and Patent Appeals

In re Finley

174 F.2d 135

CourtCourt of Customs and Patent Appeals

DecidedApril 12, 1949

DocketPatent Appeal No. 5571

StatusPublished

This text of 174 F.2d 135 (In re Finley) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Finley, 174 F.2d 135 (ccpa 1949).

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Opinion

GARRETT, Chief Judge.

The claim involved in this appeal reads: “1. As a composition of matter, 2 ethyl butyl salicylate.”

It was rejected by a Primary Examiner in the United States Patent Office, his rejection was affirmed by the Board of Appeals, and by this appeal we are called upon to review the decision of the board.

The claim is based upon application, serial No. 409,842, which in essentials is similar to application, serial No. 409,840, which involved a claim reading: “1. As a composition of matter, 2 ethyl hexyl salicylate.” See In re Finley, 174 F.2d 130 36 C.C.P.A.Patents, --. The record here is similar in every material respect to the record in that case. The same is true of the briefs for the respective parties. Before us the cases were argued together. All that is said in our opinion in that case is equally applicable in this case, and there is nothing which it is deemed necessary to add here. -

For the reasons stated in that case the decision of the Board of Appeals is affirmed.

Affirmed.

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GARRETT, Chief Judge.

The claim involved in this appeal reads: “1. As a composition of matter, 2 ethyl butyl salicylate.”

It was rejected by a Primary Examiner in the United States Patent Office, his rejection was affirmed by the Board of Appeals, and by this appeal we are called upon to review the decision of the board.

The claim is based upon application, serial No. 409,842, which in essentials is similar to application, serial No. 409,840, which involved a claim reading: “1. As a composition of matter, 2 ethyl hexyl salicylate.” See In re Finley, 174 F.2d 130 36 C.C.P.A.Patents, --. The record here is similar in every material respect to the record in that case. The same is true of the briefs for the respective parties. Before us the cases were argued together. All that is said in our opinion in that case is equally applicable in this case, and there is nothing which it is deemed necessary to add here. -

For the reasons stated in that case the decision of the Board of Appeals is affirmed.

Affirmed.

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174 F.2d 135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-finley-ccpa-1949.

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