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IN RE BRITTON

Patent Appeal No. 4373.

115 F.2d 249 (1940)

In re BRITTON.

Court of Customs and Patent Appeals.

November 8, 1940.

Attorney(s) appearing for the Case

Arthur E. Paige, of Philadelphia, Pa. (Frank E. Paige, of Philadelphia, Pa., 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 all of the claims of appellant's application for a patent, 18 in number, for lack of patentability over the cited prior art.

Claims 1 and 5 are illustrative and read as follows:

"1. An infusible heat insulating plastic composition including respectively approximately four and three parts...

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