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IN RE FESSENDEN

Patent Appeal No. 2900.

56 F.2d 669 (1932)

In re FESSENDEN.

Court of Customs and Patent Appeals.

March 28, 1932.

Attorney(s) appearing for the Case

Ezekiel Wolf, of Boston, Mass., 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.

LENROOT, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office, affirming the action of the Examiner in rejecting, for want of invention over the prior art, claims 1, 6, 7, 8, and 9 of appellant's application for patent filed on January 8, 1927, claims 3, 4, and 5 having been allowed.

Claims 6 and 8 are illustrative of the claims in issue, and read as follows:

"6. In the art of modulating electrical...

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