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IN RE SMYTH

Patent Appeal No. 4496.

120 F.2d 348 (1941)

In re SMYTH.

Court of Customs and Patent Appeals.

Rehearing Denied June 26, 1941.

Attorney(s) appearing for the Case

Thomas H. Sheridan and James A. Davis, both of Chicago, Ill., 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.

LENROOT, 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, for lack of patentability over the cited prior art, claims 1 to 6, inclusive, and 9 to 13, inclusive, of appellant's application for a patent. Claims 7 and 8 were allowed.

Claim 1 is illustrative of the subject matter involved and reads as follows: "1. In combination, record playing means for reproducing...

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