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IN RE McLAUGHLIN

Patent Appeal No. 2163.

36 F.2d 438 (1929)

In re McLAUGHLIN et al.

Court of Customs and Patent Appeals.

December 30, 1929.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (W. B. Morton, of New York City, of counsel), for appellants.

T. A. Hostetler, of Washington, D. C., for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

LENROOT, Associate Judge.

This is an appeal from the decision of the Commissioner of Patents, affirming that of the examiners in chief finally rejecting claims 1 and 2 of appellant, which read as follows:

"1. A food product comprising a mixture of dry yeast and prepared chocolate.

"2. A food product comprising a mixture of dry yeast and a chocolate compound containing less than 30% of water."

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