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IN RE BAGER

Patent Appeal No. 2635.

47 F.2d 951 (1931)

In re BAGER et al.

Court of Customs and Patent Appeals.

Rehearing Denied April 22, 1931.

Attorney(s) appearing for the Case

Hoar & Ruhloff, of South Milwaukee, Wis. (Roger Sherman Hoar, of South Milwaukee, Wis., of counsel), for appellants.

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.

LENROOT, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office affirming a decision of the Examiner, rejecting all of the claims of appellants, nine in number. Claim 5 of the application is illustrative of the claims in issue, and reads as follows:

"5. In a power shovel, the combination of a boom, a dipper-handle capable of swinging movement in a substantially vertical plane, a dipper supported by the...

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