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IN RE ASHMORE

Patent Appeal No. 4454.

119 F.2d 435 (1941)

In re ASHMORE.

Court of Customs and Patent Appeals.

May 5, 1941.

Attorney(s) appearing for the Case

Edw. V. Hardway, of Houston, Tex. (W. Britton Moore, of Washington, D. C., 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.

GARRETT, Presiding Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming that of the examiner rejecting, in view of prior art cited, three method claims numbered, respectively, 2, 4, and 17, embraced in an application for patent relating to "Apparatus and Method for Fusing Earth Material in Place." Two apparatus claims and seven method claims stand allowed.

Claim 2 is illustrative of the appealed claims...

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