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APPLICATION OF HORVITZ

Patent Appeal No. 5465.

168 F.2d 522 (1948)

APPLICATION OF HORVITZ.

Court of Customs and Patent Appeals.

June 1, 1948.

Attorney(s) appearing for the Case

Patrick J. Whelan, of New York City (J. G. McKean, of Oakland, Cal., Edward J. Mahler, of Westfield, N. Y., and W. F. Weigester and Edwin M. Thomas, both of Washington of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (J. Schimmel, of Washington, D. C., of counsel), for Commissioner of Patents.

Before GARRETT, Presiding Judge, and HATFIELD and JACKSON, Associate Judges.

JACKSON, Associate Judge.

Appellant appeals from a decision of the Board of Appeals of the United States Patent Office affirming that of the Primary Examiner rejecting claims 17, 21, and 22 of an application, serial No. 263,750, filed March 23, 1939, entitled "Exploration by Soil Analysis." The claims were rejected as being unpatentable over the issues of and on the ground of estoppel arising out of the abandonment of contests by the appellant in two interferences...

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