# Application of Jesse T. Dunn and Alex E. Brodhag, Jr

> Court of Customs and Patent Appeals · July 22, 1965 · 349 F.2d 433

URL: https://www.frixlaw.com/law-library/cases/9450981

## Case

- **Full name:** Application of Jesse T. DUNN and Alex E. Brodhag, Jr.
- **Court:** Court of Customs and Patent Appeals
- **Decided:** July 22, 1965
- **Citations:** 349 F.2d 433; 52 C.C.P.A. 1760
- **Precedential status:** Published
- **Opinion:** Dissent by Smith
- **Judges:** Worley, Almond, Smith, Rich, Martin
- **Cited by:** 6 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/9450981

## Opinion text

SMITH, Judge
(dissenting in part).
While I agree with the majority opinion in its treatment of claims 28 and 34, I do not agree with its affirmance of the rejection of claims 2-20 and 22. There is no question in my mind as to the basic authority of this court to remand the case to the Patent Office for consideration of the terminal disclaimer issue, but the remand seems to me to be futile in view of the rationale of the majority decision as to claims 2-20 and 22

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9450981. Public record. Not legal advice.