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IN RE McDEVITT

Patent Appeal No. 4218.

111 F.2d 153 (1940)

In re McDEVITT.

Court of Customs and Patent Appeals.

April 29, 1940.

Attorney(s) appearing for the Case

Lawrence C. Kingsland, of St. Louis, Mo. (Estill E. Ezell and Edmund C. Rogers, both of St. Louis, Mo., 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.

All the claims in appellant's application for a patent relating to the wearing surface of streets and material for making the same were rejected by the Primary Examiner of the United States Patent Office, and upon appeal to the Board of Appeals it affirmed the decision of the examiner as to such claims as were before it. The appellant here seeks review of the board's decision with a view of having the same revised and reversed.

The...

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