# Application of Ernst Bartholome, Erwin Lehrer and Friedrich Wilhelm Schierwater

> Court of Customs and Patent Appeals · December 7, 1967 · 386 F.2d 1019

URL: https://www.frixlaw.com/law-library/cases/9453184

## Case

- **Full name:** Application of Ernst BARTHOLOME, Erwin Lehrer and Friedrich Wilhelm Schierwater
- **Court:** Court of Customs and Patent Appeals
- **Decided:** December 7, 1967
- **Citations:** 386 F.2d 1019; 55 C.C.P.A. 738; 156 U.S.P.Q. (BNA) 20; 1967 CCPA LEXIS 224
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Worley, Rich, Smith, Almond, Kirkpatrick
- **Cited by:** 1 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/9453184

## 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 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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9453184. Public record. Not legal advice.