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APPLICATION OF DUKEHART

Patent Appeal No. 4971.

148 F.2d 111 (1945)

Application of DUKEHART et al.

Court of Customs and Patent Appeals.

March 5, 1945.

Attorney(s) appearing for the Case

Mason & Porter, of Washington, D. C. (Eugene G. Mason, of Washington, D. C., of counsel), for appellants.

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, JACKSON, and O'CONNELL, Associate Judges.

GARRETT, Presiding Judge.

Appellants bring before us for review the decision of the Board of Appeals of the United States Patent Office affirming the decision of the examiner rejecting claim No. 6 of their joint application (serial No. 359,954, filed October 5, 1940) for patent for a container, stated in their brief to be "particularly adapted for the packaging of smoking tobacco."

The claim reads:

"6. A container comprising a body portion, a cover...

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