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IN RE SCHIBSTED

Patent Appeal No. 2751.

49 F.2d 823 (1931)

In re SCHIBSTED.

Court of Customs and Patent Appeals.

May 27, 1931.

Attorney(s) appearing for the Case

Denison & Thompson, of Syracuse, N. Y. (Archibald Cox, of New York City, and T. K. Bryant, 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 the Commissioner of Patents.

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

BLAND, Associate Judge.

This is an ex parte appeal from the decision of the Board of Appeals of the United States Patent Office, affirming in part and reversing in part the decision of the examiner, in relation to claims for a patent, seven of which claims were for the process of packing milk powder, and three of which were for the article. The article claims are for an airtight container having within it milk powder, which container contains no more oxygen per

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