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IN RE KERKER

Patent Appeal No. 2225.

37 F.2d 757 (1930)

In re KERKER.

Court of Customs and Patent Appeals.

February 21, 1930.

Attorney(s) appearing for the Case

Fischer & Lagaard, of St. Paul Minn., and John E. Lind, of Washington, D. C., for appellant.

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

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

GRAHAM, Presiding Judge.

Thomas Kerker, the appellant, seeks a patent on improvements in night garments and filed his application therefor in the Patent Office, said application containing eleven counts. All these claims were rejected by both the examiner and Board of Appeals, the principal references being:

Jaeger, 236,395, January 11, 1881.

Bernstein, 1,426,540, August 22, 1922.

The appellant's garment consists of what is ordinarily termed...

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