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IN RE HERTHEL

Patent Appeals No. 5197.

156 F.2d 170 (1946)

In re HERTHEL.

Court of Customs and Patent Appeals.

June 11, 1946.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Louis D. Forward, of New York City, and Clarence M. Fisher, 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 rejecting claims 1, 2, 3, and 4 in appellant's application for a patent directed to a method for "certain new and useful improvements in lubricating oils" particularly adapted for producing light viscous oils from heavy viscous oils.

There were no claims allowed and appellant petitioned the...

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