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IN RE DISCH

Patent Appeal No. 4381.

112 F.2d 794 (1940)

In re DISCH.

Court of Customs and Patent Appeals.

June 24, 1940.

Attorney(s) appearing for the Case

Merwin F. Ashley, of Boston, Mass. (Victor Cobb, of Boston, Mass., and Arthur M. Hahn, of Washington, D. C., of counsel), 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 is an appeal from a decision of the Board of Appeals of the United States Patent Office affirming in part a decision of the examiner rejecting claims 1 to 13, inclusive, of appellant's application for a reissue of patent No. 2,050,831, issued to him on August 11, 1936. No claims were allowed. The examiner rejected the claims upon two grounds: 1, that the claims are based upon new matter inserted in the reissue application, and 2, that...

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