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IN RE STACK

Patent Appeal No. 3715.

87 F.2d 210 (1937)

In re STACK.

Court of Customs and Patent Appeals.

January 25, 1937.

Attorney(s) appearing for the Case

Austin & Dix, of New York City (Albert M. Austin, of New York City, of counsel), for appellant.

R. F. Whitehead, 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.

Appellant filed in the United States Patent Office an application for a patent for "Improvements in Silver-Tin Base Dental Alloys." Certain claims, drawn to the composition, were allowed. The Primary Examiner rejected claims 3 and 4 on the ground that they are method claims which do not "cover a proper process." Upon appeal, the Board of Appeals affirmed the said rejection for the same reason, and from its decision appellant has appealed to...

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