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IN RE KIMBALL

Patent Appeal No. 3778.

88 F.2d 717 (1937)

In re KIMBALL.

Court of Customs and Patent Appeals.

March 29, 1937.

Attorney(s) appearing for the Case

Paul Carpenter, of St. Paul, Minn. (E. G. Carpenter, of St. Paul, Minn., and H. H. Benjamin, of Washington, D. C., 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, GARRETT, and LENROOT, Associate Judges.

GARRETT, Associate Judge.

Appellant's application for patent was filed in the United States Patent Office November 25, 1932. Three claims stand allowed, but eighteen were rejected by the examiner for want of invention over prior art, six of them (the method claims) being also rejected because held to define merely the function of the apparatus. The Board of Appeals affirmed the decision of the examiner and appellant brings the matter to this court for review.

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