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IN RE LUKE

Patent Appeal No. 3509.

77 F.2d 772 (1935)

In re LUKE 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.

BLAND, Associate Judge.

This appeal is concerned with an alleged invention which involves spraying toasted ready-to-eat cereal food with a yeast-containing fluid.

The Primary Examiner of the United States Patent Office rejected all the claims, three in number, on the ground that they did not define invention over the prior art cited. From a decision of the Board of Appeals, affirming the decision of the examiner, appeal has been taken here.

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