# Application of Robert R. Citron

> Court of Customs and Patent Appeals · February 3, 1964 · 325 F.2d 248

URL: https://www.frixlaw.com/law-library/cases/9449741

## Case

- **Full name:** Application of Robert R. CITRON
- **Court:** Court of Customs and Patent Appeals
- **Decided:** February 3, 1964
- **Citations:** 325 F.2d 248; 51 C.C.P.A. 852
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Worley, Rich, Smith, Almond
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9449741

## Opinion text

*254 SMITH, Judge
(concurring).
The determinative issue in this appeal concerns the failure of appellant to supply proofs of asserted utility as requested by the examiner. The rejected claims cover a composition (cl. 13-16) and a seram (cl. 20). The application contains assertions of utility for such composition and serum but these were not accepted by the examiner in the absence of proofs. Appellant neither filed proofs nor challenged the examiner’s demand for proofs as being unreasonable in this case. Such a record requires affirmance on these grounds alone and does not require us to attempt an analysis of the utility asserted nor to consider any other issue.
I therefore concur with the result, solely on the basis of this issue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9449741. Public record. Not legal advice.