IN RE SCHWENDT

Patent Appeal No. 4098.

102 F.2d 851 (1939)

In re SCHWENDT.

Court of Customs and Patent Appeals.

April 10, 1939.


Attorney(s) appearing for the Case

John E. Jackson, of Pittsburgh, Pa. (Edward W. Shepard, 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 the Commissioner of Patents.

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


JACKSON, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office which affirmed the decision of the examiner rejecting, on the prior art, all of the claims, five in number, of an application for a patent the subject matter of which is disclosed in claim 5, which is illustrative and reads as follows:

"5. The combination of parallel rails, a cross-tie transversely beneath said rails and extending outwardly...

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