# Application of Robert H. Cother

> Court of Customs and Patent Appeals · March 4, 1971 · 437 F.2d 1399

URL: https://www.frixlaw.com/law-library/cases/9456505

## Case

- **Full name:** Application of Robert H. COTHER
- **Court:** Court of Customs and Patent Appeals
- **Decided:** March 4, 1971
- **Citations:** 437 F.2d 1399; 58 C.C.P.A. 953
- **Precedential status:** Published
- **Opinion:** Concurrence by Baldwin
- **Judges:** Rich, Almond, Baldwin, Lane, Newman
- **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/9456505

## Opinion text

BALDWIN, Judge
(concurring).
I believe that the modifications appearing in this application over appellant’s original disclosure and relied on to support the claims on appeal constitute new matter under 35 U.S.C. § 251 and I would affirm for that reason alone.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9456505. Public record. Not legal advice.