reversing Patent Office Board of Appeals double patenting rejection of claims to a single element E based on a patent claim to a combination of A, B, C, D, and E
How later courts described this case
- reversing Patent Office Board of Appeals double patenting rejection of claims to a single element E based on a patent claim to a combination of A, B, C, D, and E
Written by the judges who cited it.
The opinion
*1008 ALMOND, Judge, with whom MARTIN, Judge,
join (concurring).
I would reverse the double patenting rejection because of the terminal disclaimer filed by appellant. In re Robeson, 331 F.2d 610 , 51 CCPA 1271. I cannot agree with the majority that it is unnecessary to rely upon the disclaimers in order to reverse the board. The core claimed in the application before us is obvious in view of the core which is an element of the patent claims. Thus, allowance of the present application without a terminal disclaimer would result in an unlawful extension of the monopoly. See my dissenting opinion in In re Allen, 343 F.2d 482 , 52 CCPA -.