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IN RE KIRKE

Patent Appeal No. 2517.

40 F.2d 765 (1930)

In re KIRKE.

Court of Customs and Patent Appeals.

May 26, 1930.

Attorney(s) appearing for the Case

Emery, Booth, Janney & Varney, of Boston, Mass. (Henry M. Weidner, of Boston, Mass., and A. M. Holcombe, of Washington, D. C., of counsel), for appellant.

T. A. Hostetler, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

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

GRAHAM, Presiding Judge.

The appellant, in his application filed August 9, 1921, serial No. 490,887, seeks a patent on claimed improvements in waste heat boilers. This application was a continuation of application No. 354,878, filed January 29, 1920, which was passed upon adversely by the Board of Examiners in Chief, November 16, 1920, the references cited therein being the same as those cited in the case at bar. The Examiner rejected the claims, three in number,...

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