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IN RE PRUTTON

Patent Appeal No. 4509.

121 F.2d 524 (1941)

In re PRUTTON.

Court of Customs and Patent Appeals.

July 2, 1941.

Attorney(s) appearing for the Case

Oberlin, Limbach & Day, of Cleveland, Ohio (O. C. Limbach and A. S. Nelson, both of Cleveland, Ohio, 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.

HATFIELD, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting claims 28 and 29 in appellant's application for a patent for an alleged invention relating to a lubricating composition.

The claims read:

"28. A lubricating composition comprising a major proportion of lubricating oil and from an effective amount to about 20% based on the...

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