Court of Customs and Patent Appeals November 8, 1973, Patent Appeal No. 8991 (In re Wafmouth)

MILLER, Judge.

This appeal is from the Patent Office Board of Appeals decision affirming the examiner’s rejection of claims 18-21 of appellants’ application1 under 35 U.S.C. § 132 as containing “new matter.” We reverse and remand.

*1059Claims 18-20 are exact duplicates of claims 1, 2 and 6 of a patent2 to Edris et al., and claim 21 represents a modified claim based on claim 1 of said patent.