
    315 F. 2d 381; 137 USPQ 42
    In re Gene O. Sinex
    (No. 6834)
    United States Court of Customs and Patent Appeals,
    March 20, 1963
    
      Wm. Griffith Edwards, Mc&rew and Edwards, Jesse Bowyer, for appellant.
    
      Clarence W. Moore (Lutrelle F. Parker, of counsel) for the Commissioner of Patents.
    Before Worley, Chief Judge, and Rich, Smith, Associate Judges, and Associate Judge Joseph R. Jackson, Retired, and Judge William H. Kirkpatbick.
    
    
      
       United States Senior District Judge for the Eastern District of Pennsylvania, designated to participate in plate of Judge Martin, pursuant to provisions of Section 294(d),, Title 28, United States Code.
    
   Per Owriarn:

.Appellant’s Petition for Rehearing of January 4, 1963 is hereby granted only to the extent of changing language in the opinion of November 14,1962 as follows:

Delete old footnote5.

2. Substitute a new footnote 5 after “vapors” in line 1 of page 11, the new footnote to read as follows:

Ethyl alcohol and water form an azeotropic or constant boiling point mixture. Pure ethyl alcohol boils at 78.4°C while the azeotropic mixture of 95.5% alcohol by weight and 4.0% water by weight boils at 78.1°C. Thus, the Harris patent, in referring to “alcohol vapors,” technically must mean vapors of the azeotropic mixture containing. 95.5% alcohol by weight. See Lange’s Handbook of Chemistry, 9th Ed., 1956.  