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IN RE BRASHARES

Patent Appeal No. 3365.

74 F.2d 751 (1935)

In re BRASHARES.

Court of Customs and Patent Appeals.

Rehearing Denied February 25, 1935.

Attorney(s) appearing for the Case

Richard Eyre, of New York City, and A. L. Vencill and R. H. Wood, both of Swissvale, Pa., 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.

GARRETT, 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 holding appellant to be estopped, because of noncompliance with Patent Office Rule 109, from making certain claims inserted in his application for the purpose of bringing about an interference proceeding between it and a patent No. 1,854,602 issued April 19, 1932, to Charles W. Prescott, assignor to General Railway...

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