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IN RE NEWTON

Patent Appeal No. 4243.

110 F.2d 110 (1940)

In re NEWTON et al.

Court of Customs and Patent Appeals.

February 26, 1940.

Attorney(s) appearing for the Case

Roy W. Johns, of Philadelphia, Pa. (Norbert E. Birch, of Washington, D. C., of counsel), for appellant.

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

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

BLAND, Associate Judge.

The Primary Examiner of the United States Patent Office, after allowing a number of claims in appellants' application for a patent for an invention described hereinafter, rejected claims 1, 8, 9 and 10. Upon appeal to the Board of Appeals, the decision of the examiner was affirmed, and appellants have appealed here from the decision of the board.

Claims 1 and 9 are regarded as illustrative, and follow:

"1. The method of producing...

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