# Application of Klaus Heinz Risse, Ulrich Horlein and Wolfgang Wirth. Application of Ulrich Horlein, Wolfgang Wirth and Klaus Heinz Risse

> Court of Customs and Patent Appeals · June 15, 1967 · 378 F.2d 948

URL: https://www.frixlaw.com/law-library/cases/9452806

## Case

- **Full name:** Application of Klaus Heinz RISSE, Ulrich Horlein and Wolfgang Wirth. Application of Ulrich HORLEIN, Wolfgang Wirth and Klaus Heinz Risse
- **Court:** Court of Customs and Patent Appeals
- **Decided:** June 15, 1967
- **Citations:** 378 F.2d 948; 54 C.C.P.A. 1495; 154 U.S.P.Q. (BNA) 1; 1967 CCPA LEXIS 292
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Worley, Rich, Martin, Smith, Almond
- **Cited by:** 29 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part, on other grounds by In re Smith, 458 F.2d 1389 (1972).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9452806

## Opinion text

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 957, the decision of such a board in my view is a legal nullity. However, I must accept the majority’s view on this issue 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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9452806. Public record. Not legal advice.