Document QMXKLx3OprBXEj0LqwEBxD3ZR

In t e r n a t io n a l . Sme l t in g & Re f in in g Co mp a n y 26 BROADWAY FREDERICK LAIST vice-psioeNT Ne w Yo r k July 16, 1938 Ur. Donai McCarthy Fannie, Dayls, Marvin & Edmonds 165 Broadway New York City Re: 0. S. Patent Application of UesBrs. Johnson, Bowman 'and Knox, Ser. No. 178,352, filed December 6, 1937, for: i,METHOD OF PROD0CINO WHITE LEAD Dear Mr. McCarthy: 'y . I am sending you herewith copy of letter received from Ur. Case, dated July 14th with enolosurea relative to the above noted patent application, which la self-explanatory. * - ___Yours very truly o f" eno PNYC0000S503 INTERNATIONAL SMELTING AND REFINING COMPANY F. O. CASE MANAGER Of MIOWEST OlSTRICT 20 N . WACKCR OflIVC CHICAGO. ILLINOIS July 14, 1938. Mr. Frederick Laist, Vice President, International Smelting and Refining Company, Yew York, Y. Y. Dear Mr. Laist: I am attaching hereto two copies of a letter from Mr. Johnson and a memo from Mr. Knox. Both of these refer to U. S. Patent Application of Messrs. Johnson, Bowman & Knox, Serial No. 178,352, filed December 6, 1937, For: Method of Producing White Lead. Mr. Knox's suggestions embody the best opinion of our group and I would appreciate Mr. McCarthy's approval or further suggestions. Very truly your>; 'h &. Ca FOC:ajd Ends. cc: Mr. G. E. Johnson N11454.01 July 13th, 1938 Mr. 7. 0. Case, Manager of Midwest District, International Smeltg. and Refg. Co., 80 North Waolcar Drive, Chicago, Illinois. Re: U.S. Patent Appllop Me sera. Johnson, Serial Suaber 178,332 Tiled DeeejB^rI?Xl937 for: Method of Producing Whll Dear Mr. Caaa:- Attaohed pie iples of rand\m of June 9th Mr.'&iox regarding the U.S. Patent Applio on, Seri ,No. 178.338 for Method of Producing Whlt< ad. This lorandun was prepared by Mr. Enoz after Bcwnac he had carefully studied the Patent Office tion as fo, irded with Mr. Lalst's letter^jj3te*^JHat,' .teche which was Mr. Donal letter of and the Fatent Offloe 1938. note that Mr. Enoz has suggested that Mr. McCarthy select one group of five clalae which. In his oplnicfn>wultf^be the most satisfactory elalas for further proseouttSnT'^Ae soon as Mr. McCarthy has given ua his opinion, then we would prepare a suitable discussion for Mr. McCarthy to present in proseoutlon of the selected five olaiKS. OKJ/S and. / PNYC0C0085C5 N11454.02 INTERNATIONAL SMELTING AND REFINING CO. BAST CHICAGO. INDIANA MEMORANDUM t o Mr, R, 0. Bowman, Superintendent DATE June 9th, USB SUBJECT: D. S. PATENT APPLICATION 0? MESSRS. JOHNSON, BOWMAN AND KNOX SERIAL No. 178,353. FILED DEC. 6th, 1957 ------------- gOR: METHOD Q7 .PROajCINQ WHITE T.F.AP Relative to Patent Office action dated May 12th In the above noted oaaa which ni forwarded by Mr, Lalst on May Slat, together with Mr. McCarthy'a latter of transmittal of May 28th:- Th* Patent Office communication oorers two dlatlnet actions, (1) "All claims rejected for undue multiplicity"--- *no more than lira claims are necessary"-----' (2) "Rejections of lndlTldual olalma as haying . bean, folly met in references cited by the Examiner. In order to simplify the correspondence In reference to the application, I beliere that the selection should first he made of the fire claims for further prosecution, end that the discussion of the references to the conflicting patents should be corered in a separate letter to be forwarded after receiving Mr. McCarthy's approval of the selected claims, the response to this rejection for undue multiplicity would seem to be best made on the basis of the Patent Office's proposal (b)~~ ' "salect for further prosecution a number not exceeding that set, without cancelling the renaming ones" The 22 olalma of the original application filed December 6th, 1937 fall in five groups as follows: Claim 1 to 7 * 8 to 11 12 to 15 " 16 to 19 20 to 22 Based on this grouping there seems to be two choices in selecting five claims from the 22t (1) Claims 1, 8, 12, 16 end 20. (2) Claims 8, 9, 10, 11, and 20, I wish to propose for Mr. McCarthy's consideration, that claims 8, 9, 10, 11, and 20 be selected as the most suitable. This grouping of olalma includes claims 6 and 20, which are the moat inclusive of all the olalms, and, if allowed, all features of the application will be covered. If this group is rejected by the Primary Examiner, other' groups of claims could be brought before him before appeal from rejections, JTJX/dm W. J. Knox-> White Lead Plest Superintendent COO"06"0'' Nl1454.03