IN RE SWAIN

Patent Appeal No. 2735.

49 F.2d 845 (1931)

In re SWAIN.

Court of Customs and Patent Appeals.

May 25, 1931.


Attorney(s) appearing for the Case

Albert L. Ely, of Akron, Ohio (J. Ralph Barrow, of Akron, Ohio, and Conway P. Coe, 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.


GARRETT, Associate Judge.

Appellant, Swain, seeks patent for improvements in tire rim construction; his application containing two claims. The application was rejected by the Examiner, whose decision was affirmed by the Board of Appeals of the United States Patent Office. The appeal to this court was then prosecuted.

Claim 1 is fairly representative:

"1. A tire rim having a rim base formed with a depressed gutter about one side thereof, the said gutter...

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