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IN RE EKSERGIAN

Patent Appeal No. 3875.

92 F.2d 811 (1937)

In re EKSERGIAN.

Court of Customs and Patent Appeals.

December 6, 1937.

Attorney(s) appearing for the Case

Carl T. Mack, of Washington, D. C. (John P. Tarbox, of Philadelphia, Pa., of counsel), 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, HATFIELD, GARRETT, and LENROOT, Associate Judges.

BLAND, Associate Judge.

The Primary Examiner of the United States Patent Office rejected, for want of patentability in view of the prior art, all the claims of appellant's application for a patent relating to a sheet metal structure and method of making the same. After final rejection by the Primary Examiner, appellant canceled all the claims in his application, except claims 11 and 13, both of which are method claims. From the decision of the Primary Examiner rejecting...

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