Opinion

Application of Kurt Baum

374 F.2d 1004
54 C.C.P.A. 1430

Court: Court of Customs and Patent Appeals
Filed: Jun 22, 1967
Status: Published
Author: Smith
On the bench: Worley, Rich, Smith, Almond, Kirkpatrick
Cited by: 4 cases
Authority: More cited than 24.8%

The opinion

SMITH, Judge

(concurring).

The record shows that the Board of Appeals here consisted of an examiner-in-chief and two acting examiners-in-chief. Appellants do not challenge the legality of that board. For the reasons expressed in my dissenting opinion in In re Wiechert, 370 F.2d 927 , 54 CCPA -, the decision of such a board in my view is a legal nullity. However, I must accept the majority’s view on this issue *1010 in the Wiechert case, i. e., the legality of the board is not an issue here. I therefore participate in the merits of this appeal and in so doing, agree with the conclusion of the majority.

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