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APPLICATION OF BENNER

Patent Appeal No. 5520.

174 F.2d 938 (1949)

Application of BENNER et al.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 24, 1949.

Attorney(s) appearing for the Case

William H. Webb, of Pittsburgh, Pa., and Donald A. Gardiner, of Washington, D. C. (Stebbins, Blenko & Webb, of Pittsburgh, Pa., and Smith, Michael & Gardiner, of Washington, D. C., of counsel), for appellants.

W. W. Cochran, of Washington, D. C. (Clarence W. Moore, of Washington, D. C., of counsel), for the Commissioner of Patents.

Before GARRETT, Chief Judge, and HATFIELD, JACKSON, O'CONNELL, and JOHNSON, Judges.

GARRETT, Chief Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection, by an examiner in Division 38, of seventeen claims numbered 17 to 24, inclusive, and 26 to 34, inclusive, in appellants' application for patent bearing the broad title "For Ball Mill." In the Patent Office it was a "Dual Prosecution" case of which Division 25 had general jurisdiction. With respect to claims numbered 35 to 40...

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