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IN RE HELMOND

Patent Appeal No. 4410.

124 F.2d 222 (1941)

In re HELMOND.

Court of Customs and Patent Appeals.

December 29, 1941.

Attorney(s) appearing for the Case

Jesse A. Holton, of New York City (Louis G. Julihn, of Hartford, Conn., of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

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

JACKSON, Associate Judge.

This appeal is before us for the second time by reason of a petition for rehearing filed April 21, 1941, which was granted June 26, 1941. Our former decision, although it appears in 118 F.2d 574, 28 C.C.P. A., Patents, 1013, and 49 U.S.P.Q. 71, did not become final, because set aside by the granting of the petition for rehearing.

In our former decision we affirmed the decision of the Board of Appeals...

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