The opinion
BALDWIN, Judge
(concurring).
It is my belief that the party Harmsen could not prevail in this case even were his evidence convincing beyond a shadow of a doubt. The law as announced by this court in Brokaw v. Vogel, 429 F.2d 476 , 57 CCPA 1296 (1970) is controlling. For this reason I do not join the majority’s disparagement of Harmsen’s evidence. I agree with the rest of the opinion and therefore concur in result.