Opinion

Application of Ernst Bartholome, Erwin Lehrer and Friedrich Wilhelm Schierwater

386 F.2d 1019
55 C.C.P.A. 738
156 U.S.P.Q. (BNA) 20
1967 CCPA LEXIS 224

Court: Court of Customs and Patent Appeals
Filed: Dec 7, 1967
Status: Published
Author: Smith
On the bench: Worley, Rich, Smith, Almond, Kirkpatrick
Cited by: 1 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 the board. For the reasons expressed in my dissenting opinion in In re Wiechert, 370 F.2d 927 , 54 CCPA 957 (1967), 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, fully agree with the opinion of the majority.

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