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  5. 179 F.2d 1017 (1950)
 

APPLICATION OF OAKES

Patent Appeal No. 5643.

179 F.2d 1017 (1950)

Application of OAKES.

United States Court of Customs and Patent Appeals.

February 2, 1950.

Attorney(s) appearing for the Case

Harold J. Kinney, St. Paul, Minn. (Richard K. Stevens, Washington, D. C., of counsel), 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, Judges.

JOHNSON, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office sustaining that of the Primary Examiner rejecting claims 60 and 61 of appellant's application for patent for "Vinyl Resin Adhesive Sandpaper."

Both the Primary Examiner and the board rejected claim 62 but that claim was cancelled by appellant concurrently with the filing of his notice of appeal to this court, and therefore it is not before us here...

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