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IN RE KIRBY

Patent Appeal No. 4250.

109 F.2d 786 (1940)

In re KIRBY.

Court of Customs and Patent Appeals.

February 26, 1940.

Attorney(s) appearing for the Case

Frederic P. Warfield, of New York City (Frederic P. Warfield and Nathaniel R. French, both of New York City, 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.

Claim No. 17 having been allowed, appeal has been taken here from the decision of the Board of Appeals of the United States Patent Office, affirming that of the Primary Examiner in denying patentability, in view of the prior art, of claims numbered 15 and 16. Appellant also here appeals from the decision of the board which dismissed his appeal to it from the action of the examiner in refusing to enter in the case claims numbered 18, 19 and...

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