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IN RE REPLOGLE

Patent Appeal No. 3270.

70 F.2d 375 (1934)

In re REPLOGLE.

Court of Customs and Patent Appeals.

April 30, 1934.

Attorney(s) appearing for the Case

Munson H. Lane and Charles H. Lane, both of Washington, D. C., 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.

The applicant, Daniel B. Replogle, copied into his application for patent, as claim 67, claim 2 of the patent to Kern, 1,816,538, dated July 28, 1931, for the purpose of interference. The Primary Examiner of the United States Patent Office rejected said claim 67 on the ground that it did not read on the applicant's device. The decision of the examiner was affirmed by the Board of Appeals of said office, and from the decision of the board the...

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