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IN RE PHIPPS

Patent Appeal No. 5104.

154 F.2d 116 (1946)

In re PHIPPS.

Court of Customs and Patent Appeals.

March 4, 1946.

Attorney(s) appearing for the Case

J. Calvin Brown, of Los Angeles, Cal. (Lee L. Townshend, 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 Commissioner of Patents.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, JACKSON, and O'CONNELL, Associate Judges.

O'CONNELL, Associate Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the action of the Primary Examiner in finally rejecting the only claim presented in appellant's application for a patent for improvements on a cross roller bit particularly designed for use in boring oil wells.

The rejected claim reads: "11. In a roller cutter construction, a frusto-conical cutter body, two series of parallel...

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