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IN RE ARZBERGER

Patent Appeal No. 4351.

112 F.2d 834 (1940)

In re ARZBERGER.

Court of Customs and Patent Appeals.

June 24, 1940.

Attorney(s) appearing for the Case

John Boyle, Jr., of Washington, D. C. (F. M. Crawford and Stuart W. Scott, both of Terre Haute, Ind., 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 a decision of the examiner rejecting the single claim of appellant's application for a plant patent under the provisions of section 4886, Revised Statutes as amended, 35 U.S.C.A § 31.

The grounds of rejection, as stated by the examiner, were: "The claim on appeal is rejected on two...

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