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IN RE MERZ

Patent Appeal No. 3973.

97 F.2d 599 (1938)

In re MERZ.

Court of Customs and Patent Appeals.

June 27, 1938.

Attorney(s) appearing for the Case

Ellis S. Middleton, of New York City, and Walter M. O'Brien, of Washington, D. C., 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.

BLAND, Associate Judge.

A number of claims relating to a process for purifying ultramarine having been allowed by the Primary Examiner of the United States Patent Office, appellant has appealed here from the decision of the Board of Appeals affirming that of the examiner in rejecting claims 7 and 20 to 23, inclusive, which relate to the article, ultramarine, when produced by the said process. Appellant's application teaches a method of purifying ultramarine which...

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