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IN RE ALLEN

Patent Appeal No. 4398.

115 F.2d 936 (1940)

In re ALLEN.

Court of Customs and Patent Appeals.

December 9, 1940.

Attorney(s) appearing for the Case

Harold T. Stowell, of Washington, D. C. (Joseph N. Nielsen, of New York City, of counsel), for appellant.

W. W. Cochran, 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.

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, for want of patentability over the cited prior art, claims 1, 2, 3, 5, 7, 8, 9 and 10 of appellant's application for a patent.

The examiner also rejected claims 4, 6, 11 and 12 for the same reason, but such rejection was reversed by the Board of Appeals and these claims stand allowed.

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