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IN RE POUPIN

Patent Appeal No. 4810.

140 F.2d 1008 (1944)

In re POUPIN.

Court of Customs and Patent Appeals.

February 7, 1944.

Attorney(s) appearing for the Case

E. F. Wenderoth, of Washington, D. C. (A. Ponack, of Washington, D. C., of counsel), for appellant.

W. W. Cochran, of Washington, D. C., for Commissioner of Patents.

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

BLAND, Associate Judge.

Five apparatus claims in appellant's application for a patent relating to a method and apparatus for "crushing of stone and ore" were allowed by the Primary Examiner of the United States Patent Office, and claim 11, which is the only claim involved here — a method claim — was rejected as not being inventive over a patent to Smith et al., No. 1,605,007, November 2, 1926.

The claim reads as follows: "11. The method of reducing...

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