Appeal No. 79-599. March 27, 1980. Reed C. Lawlor, Pasadena, Cal., attorney of record, for appellant, Robert C. Smith, Sylmar, Cal., of counsel. Joseph F. Nakamura, Washington, D.C., for the Commissioner of Patents, Jere W. Sears, Washington, D.C., of counsel. Appeal from the Patent and Trademark Office Board of Appeals. Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and MALETZ, Judges. The Honorable Herbert N. Maletz, Judge, United States Customs Court, sitting by designation. RICH, Judge