IN RE BURNELLI

Patent Appeal No. 2205.

38 F.2d 891 (1930)

In re BURNELLI.

Court of Customs and Patent Appeals.

March 19, 1930.


Attorney(s) appearing for the Case

Hartwell Balcam, of Washington, D. C. (Frederick W. Barker and W. H. Swenarton, both of New York City, of counsel), for appellant.

T. A. Hostetler, of Washington, D. C. (Edwin L. Garvin, of New York City, of counsel), for the Commissioner of Patents.

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


LENROOT, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the Patent Office affirming the decision of the primary examiner finally rejecting claims 1, 3, 4, 5, 9, 19, and 20 of appellant's application. Upon the argument before us, appellant waived claims 3, 5, and 9, leaving for our consideration claims 1, 4, 19, and 20, which read as follows:

"1. An airplane having a central supporting element having aerofoil contour, said element...

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