Application of Peter P. Noznick, Charles W. Tatter and Carl F. Obenauf

SMITH, Judge

(dissenting).

I respectfully dissent from the reasoning and conclusion of the majority on the merits. In addition, see In re Wiechert, 370 F.2d 927, 54 CCPA 957 (1967) for my views concerning a board consisting of two Acting Examiners-in-Chief, such as appears in this record.