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IN RE MULLER

Patent Appeal No. 3105.

65 F.2d 169 (1933)

In re MULLER.

Court of Customs and Patent Appeals.

June 5, 1933.

Attorney(s) appearing for the Case

Frank M. Slough, of Cleveland, Ohio (Harry R. Canfield, of Cleveland, Ohio, 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.

Appellant has here appealed from the decision of the Board of Appeals of the United States Patent Office, affirming that of the examiner, denying all the claims of appellant's application for want of patentability in view of the prior art, which application relates to carbonating water and syrup mixtures, and a method of bottling the same.

Claims 10 and 11 are illustrative and follow:

"10. In carbonated water and syrup mixtures...

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