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IN RE SPOHN

Patent Appeal No. 3507.

77 F.2d 768 (1935)

In re SPOHN.

Court of Customs and Patent Appeals.

June 3, 1935.

Attorney(s) appearing for the Case

Lester G. Budlong, of New York City (Elmer Stewart, of Washington, D. C., 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.

LENROOT, 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, rejecting all of the claims of appellant's application, Nos. 11 to 20, inclusive, in view of the cited prior art. All of the claims are product claims.

Claims 11, 15, and 19 are illustrative and read as follows:

"11. A ready-to-eat toasted cereal food containing vitamins in active condition and...

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