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APPLICATION OF FINLEY

Patent Appeal No. 5571.

174 F.2d 135 (1949)

Application of FINLEY.

United States Court of Customs and Patent Appeals.

April 12, 1949.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton & Barrows, of New York City (Louis D. Forward, of New York City, Clarence M. Fisher, of Washington, D. C., and Bryce Beecher, of Boston, Mass., of counsel), for appellant.

W. W. Cochran, of Washington, D. C. (J. Schimmel, 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.

The claim involved in this appeal reads: "1. As a composition of matter, 2 ethyl butyl salicylate."

It was rejected by a Primary Examiner in the United States Patent Office, his rejection was affirmed by the Board of Appeals, and by this appeal we are called upon to review the decision of the board.

The claim is based upon application, serial No. 409,842, which in essentials is similar to application, serial No. 409,840, which...

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