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IN RE CROSBY

Patent Appeal No. 5144.

157 F.2d 198 (1946)

In re CROSBY.

Court of Customs and Patent Appeals.

Rehearing Denied September 30, 1946.

Attorney(s) appearing for the Case

Charles M. Palmer, of Washington, D. C., for appellant.

W. W. Cochran, of Washington, D. C. (H. S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

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

GARRETT, Presiding Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office affirming that of the Primary Examiner rejecting claims 128 to 131, inclusive, of a patent application for a "Stapling Machine" as unpatentable over the patent to Bloodworth, No. 373,265, dated November 15, 1887. Ten claims have been allowed.

The involved claims read as follows:

"128. In a stapling machine, means for supporting staples...

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