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IN RE BRUNNER

Patent Appeal No. 3682.

86 F.2d 990 (1937)

In re BRUNNER et al.

Court of Customs and Patent Appeals.

January 4, 1937.

Attorney(s) appearing for the Case

Usina & Rauber, of Washington, D. C. (Edward W. Shepard, of Washington, D. C., and Malcolm N. Rich, of New York City, of counsel), for appellants.

R. F. Whitehead, of New York City (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.

BLAND, Associate Judge.

The Board of Appeals of the United States Patent Office affirmed the action of the Primary Examiner in rejecting two claims, Nos. 1 and 3, of appellants' application for a patent relating to a process or method of cooling rails, such rails as are ordinarily used by railroads and which are made by the rolling process. Two claims were allowed.

Appellants have appealed here from the decision of...

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