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  5. 178 F.2d 945 (1949)
 

APPLICATION OF LEVIN

Patent Appeal No. 5625.

178 F.2d 945 (1949)

Application of LEVIN.

United States Court of Customs and Patent Appeals.

December 12, 1949.

Attorney(s) appearing for the Case

Joseph G. Denny, Jr., Philadelphia, Pa., for appellant.

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

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

O'CONNELL, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting claims 1-10 in appellant's application for a patent for an alleged invention relating to an improved food product and a method of making it.

Claims 1-5 and claim 10 are for the product and claims 6-9 for the method. Claims 3, 4, 6, and 9 are illustrative and read as follows:

"3. A...

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