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IN RE HELTZEL

Patent Appeal No. 4759.

137 F.2d 113 (1943)

In re HELTZEL.

Court of Customs and Patent Appeals.

July 6, 1943.

Attorney(s) appearing for the Case

Eugene E. Stevens, of Washington, D. C., for appellant.

W. W. Cochran, of Washington, D. C. (E. L. Reynolds, of Washington, D. C., of counsel), for the Commissioner of Patents.

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

BLAND, Associate Judge.

After allowing many claims in appellant's application in the United States Patent Office for a patent relating to an improvement in expansion joints in concrete construction, the Primary Examiner rejected claim 121, which, with the exception of what appellant alleges to be immaterial modifications which he inserted, defines the same invention as that of claim 17 of a patent to one Westcott, No. 2,181,005. This claim was proposed for the purpose...

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