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In re Vogel
Court of Customs and Patent Appeals
422 F.2d 438 (C.C.P.A. 1970)
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.
Rule of Law
Holding and Reasoning (Lane, J.)
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