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IN RE MARTOCELLO

Patent Appeal No. 3331.

73 F.2d 635 (1934)

In re MARTOCELLO.

Court of Customs and Patent Appeals.

December 10, 1934.

Attorney(s) appearing for the Case

Wm. Steell Jackson, of Philadelphia, Pa. (Joseph Gray Jackson, of Philadelphia, Pa., of counsel), 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.

GRAHAM, Presiding Judge.

Appellant filed his application in the United States Patent Office for a patent upon a drop tube and bracket. The said tube and bracket are for use in aërating the water in ice cans in the making of artificial ice. The Examiner rejected claims 1 to 7, inclusive, and allowed claim 8. On appeal, the decision of the Examiner was affirmed by the Board of Appeals. The claims were rejected by the Board of Appeals upon two references: Hutchinson...

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