The opinion
SMITH, Judge
(dissenting).
For the reasons more fully set forth in my dissenting opinion in In re Timmerbeil et al., 320 F.2d 413 PA 6898, I dissent from the majority opinion herein. I think the public interest requires us to pass on the question of substantive patent law which I think is squarely raised here by the reasons of appeal. I would hold the reasons of appeal to be sufficient and would dispose of this appeal on its merits.