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IN RE BENCKER

Patent Appeal No. 3984.

96 F.2d 326 (1938)

In re BENCKER.

Court of Customs and Patent Appeals.

April 25, 1938.

Attorney(s) appearing for the Case

Potter, Pierce & Scheffler, of Washington, D. C. (Ralph E. Parker and Charles H. Potter, both 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 Commissioner of Patents.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

LENROOT, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office affirming a decision of the Examiner rejecting, in view of the prior art, claims 3, 4, and 5 of appellant's application for patent. No claims were allowed.

Claim 3 is illustrative of the claims before us, and reads as follows: "3. In an electrolytic cell working with a mercury cathode, the arrangement of a level positioned iron piece selected...

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