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APPLICATION OF BUCKENDALE

Patent Appeal No. 5961.

206 F.2d 937 (1953)

Application of BUCKENDALE.

United States Court of Customs and Patent Appeals.

Rehearing Denied September 28, 1953.

Attorney(s) appearing for the Case

Strauch & Hoffman by Strauch, Nolan & Diggins, Washington, D. C. (William A. Strauch and James E. Nolan, Washington, D. C., of counsel), for appellant.

E. L. Reynolds, Washington, D. C. (H. S. Miller, Washington, D. C., of counsel), for Commissioner of Patents.

Before GARRETT, Chief Judge, and O'CONNELL, JOHNSON, WORLEY, and COLE, Judges.

WORLEY, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the examiner finally rejecting as unpatentable over the prior art, claim 17 in appellant's application for a patent for "Tubular Axle Beams." Claims 4, 7, and 19 to 22, inclusive, were allowed:

The rejected claim reads:

"17. In a tubular axle beam of generally rectangular cross-section and substantially constant width...

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