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IN RE DAVIS

Patent Appeal No. 4515.

123 F.2d 651 (1941)

In re DAVIS et al.

Court of Customs and Patent Appeals.

December 1, 1941.

Attorney(s) appearing for the Case

W. E. Currie and P. L. Young, both of New York City, and W. F. Weigester, of Washington, D. C., (J. K. Small, of New York City, of counsel), for appellants.

W. W. Cochran, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), 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 Primary Examiner rejecting claim 3 of appellants' application for a patent upon the ground that it is drawn to subject matter not divisible from that claimed in appellants' patent No. 2,087,682, issued July 20, 1937. Appellants' instant application was filed on May 26, 1936.

Claim 3 reads as follows: "3. The method...

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