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IN RE SPOHN

Patent Appeal No. 3508.

77 F.2d 770 (1935)

In re SPOHN et al.

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 appellants.

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.

GRAHAM, Presiding Judge.

An application was filed in the United States Patent Office by the appellants for a patent upon certain alleged improvements in animal food and methods and apparatus for making the same. The claims 1 to 18, inclusive, were rejected by both tribunals in the Patent Office. On the hearing in this court, the appellants moved to dismiss the appeal as to claims 1 and 2. The motion is allowed.

The claims were rejected upon a considerable...

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