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IN RE SWAIN

Patent Appeal No. 5177.

156 F.2d 245 (1946)

In re SWAIN et al.

Court of Customs and Patent Appeals.

June 27, 1946.

Attorney(s) appearing for the Case

James Edwin Archer, of Stamford, Conn., for appellants.

W. W. Cochran, of Washington, D. C., 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, 4, and 5 being all the claims in appellants' application for a patent on coating compositions containing ethyl cellulose. Claims 1, 2, and 5 were rejected as unpatentable over the prior art of record and claims 3 and 4 were rejected "as not readable on the elected species...

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