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IN RE SMELLIE

Patent Appeals No. 4301.

111 F.2d 651 (1940)

In re SMELLIE.

Court of Customs and Patent Appeals.

Rehearing Denied June 21, 1940.

Attorney(s) appearing for the Case

W. D. Sellers, of Chicago, Ill. (Harry S. Demaree, of Chicago, Ill., and Elmer Stewart, 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.

Twelve claims in appellant's application having been allowed by the United States Patent Office, the application being for a patent relating to improvements in suction cleaners more particularly described hereinafter, appellant has here appealed from the decision of the Board of Appeals, affirming that of the Primary Examiner in rejecting claims 23, 24 and 25, which follow:

"23. In a suction cleaner, a body including a floor covering...

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