In Re Gene O. Sinex

315 F.2d 381, 50 C.C.P.A. 1003, 137 U.S.P.Q. (BNA) 42, 1963 CCPA LEXIS 394

Opinion

Per Owriarn:

.Appellant’s Petition for Rehearing of January 4, 1963 is hereby granted only to the extent of changing language in the opinion of November 14,1962 as follows:

Delete old footnote5.

2. Substitute a new footnote 5 after “vapors” in line 1 of page 11, the new footnote to read as follows:

Ethyl alcohol and water form an azeotropic or constant boiling point mixture. Pure ethyl alcohol boils at 78.4°C while the azeotropic mixture of 95.5% alcohol by weight and 4.0% water by weight boils at 78.1°C. Thus, the Harris patent, in referring to “alcohol vapors,” technically must mean vapors of the azeotropic mixture containing. 95.5% alcohol by weight. See Lange’s Handbook of Chemistry, 9th Ed., 1956.