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IN RE OAKES

Patent Appeal No. 4801.

140 F.2d 669 (1944)

In re OAKES.

Court of Customs and Patent Appeals.

January 3, 1944.

Attorney(s) appearing for the Case

Harold J. Kinney, of St. Paul, Minn. (Chas. S. Grindle, of Washington, D. C., and Mark Severance, of St. Paul, Minn., of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (R. F. Whitehead, 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.

The Board of Appeals of the United States Patent Office affirmed the action of the Primary Examiner in finally rejecting, upon the prior art, claims 27 and 29 of appellant's application for a patent filed as a continuation in part of a prior application, Serial No. 228,188. From the decision of the board appellant appeals here.

Claims 27 and 29 read as follows:

"27. A flexible abrasive article adapted to be used wet for abrading...

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