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APPLICATION OF PRUTTON

Patent Appeals No. 5952.

204 F.2d 291 (1953)

Application of PRUTTON.

United States Court of Customs and Patent Appeals.

Rehearing Denied May 29, 1953.

Attorney(s) appearing for the Case

Oscar C. Limbach and Oberlin & Limbach, Cleveland, Ohio (Arnold B. Christen and Fisher & Christen, Washington, D. C., of counsel), for appellant.

E. L. Reynolds, Washington, D. C. (J. Schimmel, Washington, D. C., of counsel), for Commissioner of Patents.

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

JOHNSON, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the action of the Primary Examiner rejecting claims 1 to 3, 5 to 14 and 21 to 24 of appellant's application, serial No. 2,321, for a patent on a "Lubricating Composition." No claims were allowed.

In his brief appellant withdrew the appeal as to claims 3, 6, 7, 9, 13 and 24, which are directed to a non-elected species. Such withdrawal is...

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