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IN RE EWALD

Patent Appeal No. 4221.

108 F.2d 250 (1939)

In re EWALD.

Court of Customs and Patent Appeals.

December 26, 1939.

Attorney(s) appearing for the Case

Cox & Moore, of Chicago, Ill. (Ballard Moore and Curtis F. Prangley, both of Chicago, Ill., of counsel), for appellant.

Howard S. Miller, of Washington, D. C., for the Commissioner of Patents.

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

HATFIELD, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting claims 131 to 134, inclusive, in appellant's application for a patent for an alleged invention relating to fruit treating apparatus.

The appealed claims were rejected by the Patent Office tribunals as being functional and indefinite in that they failed to "particularly point out and...

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