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APPLICATION OF MERKLE

Patent Appeal No. 5037.

150 F.2d 445 (1945)

Application of MERKLE.

Court of Customs and Patent Appeals.

July 3, 1945.

Attorney(s) appearing for the Case

John O. Seifert, of New York City (John J. Darby, of Washington, D. C., 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, JACKSON, and O'CONNELL, Associate Judges.

BLAND, Associate Judge.

From a decision of the Board of Appeals of the United States Patent Office affirming the action of the examiner in rejecting claims 11, 12, and 13 of appellant's application for a patent for a fibrous paper container, such as is adapted for packaging milk, appellant has here appealed.

Claim 12 is illustrative of the appealed subject matter and follows:

"12. A container of fibrous material...

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