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IN RE HELTZEL

Patent Appeal No. 4873.

142 F.2d 688 (1944)

In re HELTZEL.

Court of Customs and Patent Appeals.

April 27, 1944.

Attorney(s) appearing for the Case

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

W. W. Cochran, of Washington, D. C. (R. F. Whitehead, of Washington, D.C., of counsel), for the Commissioner of Patents.

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

JACKSON, Associate Judge.

Appellant herein copied claims 1, 2 and 4 of a patent to William S. Godwin, No. 2,267,023, issued December 23, 1941 on an application dated November 10, 1937, Serial No. 173,785, for the purpose of an interference. Both the Primary Examiner and the Board of Appeals of the United States Patent Office held that the said claims did not read on the application and therefore rejected them. From the decision of the board this appeal was taken....

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