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Patent Law Keyed to Adelman
In re Vogel
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Three of the claims were rejected in the patent Vogel filed on January 16, 1964. Claims 7 and 10 were directed at a process of packaging meat generally. The third, Claim 11, was directed at a similar process specifically for beef. Vogel had already filed for a patent that was issued on March 10, 1964, which claimed a similar process directed at pork. Vogel's claims were rejected as double patenting by the Board due to his pork patent and because of a reference patent, Ellies. Vogel's claims listed the same oxygen permeability in his packaging as the use of meat packaging material taught by Ellies. In the pork claim, Vogel did not reference the oxygen permeability of the packaging material, but the rejected claims referred to the use of the Ellies material in its process. Vogel appealed.
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