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IN RE ALLEN

Patent Appeal No. 3772.

88 F.2d 705 (1937)

In re ALLEN.

Court of Customs and Patent Appeals.

March 29, 1937.

Attorney(s) appearing for the Case

William A. Smith, Jr., of Washington, D. C., and Dexter N. Shaw and Charles H. Howson, both of Philadelphia, Pa., for appellant.

R. F. Whitehead, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

Before GRAHAM, Presiding Judge, and BLAND, GARRETT, and LENROOT, Associate Judges.

BLAND, Associate Judge.

Henry B. Allen filed his application in the United States Patent Office for a patent relating to a cutting tool for high speed cutting of non-metallic materials. The Primary Examiner finally rejected claims 1 and 2, which are the only claims in the application. They read as follows:

"1. A cutting tool for high speed rotary cutting of non-metallic materials composed of a steel of the high-carbon, high-chrome type whose analysis falls...

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