Vogel (applicant) filed a patent application claiming a process for preserving the shelf life of meat. Vogel filed his application in January 1964, while he had another co-pending patent application that also claimed a method of preserving meat and issued March 1964. The patent examiner rejected the January 1964 application claims as obvious in light of the March 1964 patent and a single prior art reference, a patent to Ellies. Through this rejection, the examiner argued that Vogel was attempting to double patent the same invention. The Patent Office Board of Appeals affirmed the rejection. Vogel appealed.