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IN RE HODGSON

Patent Appeal No. 3954.

96 F.2d 285 (1938)

In re HODGSON.

Court of Customs and Patent Appeals.

April 25, 1938.

Attorney(s) appearing for the Case

Frank H. Hubbard, of Milwaukee, Wis. (J. E. Hutchinson, Jr., of Washington, D. C., and William C. Lyon, of Milwaukee, Wis., 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 GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

JACKSON, Associate Judge.

This appeal is from a decision of the Board of Appeals of the United States Patent Office affirming that of the Primary Examiner which rejected claims 1 to 5, inclusive, all of the claims of an application for a patent, on the ground that the claims define nothing patentable over either reference in view of the other.

Claim 1 is illustrative, and reads as follows: "1. In a magnetic separator...

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