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IN RE FLEMING

Patent Appeal No. 4249.

109 F.2d 656 (1940)

In re FLEMING.

Court of Customs and Patent Appeals.

February 26, 1940.

Attorney(s) appearing for the Case

Everett N. Curtis, of San Diego, Cal., and Ralph L. Stevens, of Washington, D. C., for appellant.

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

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

LENROOT, Associate Judge.

This appeal brings before us for review a decision of the Board of Appeals of the United States Patent Office affirming a decision of the examiner rejecting, for lack of patentability in view of the cited prior art, claims 2, 3, 4, 13 and 14 of appellant's application for a patent. No claims were allowed. Claims 2, 3 and 4 are for a process, and claims 13 and 14 are method claims.

Claims 2, 3, and 14 are illustrative and read as follows...

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