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APPLICATION OF CARTER

Patent Appeal No. 6053.

212 F.2d 189 (1954)

Application of CARTER.

United States Court of Customs and Patent Appeals.

April 9, 1954.

Attorney(s) appearing for the Case

Albert F. Robinson and Des Jardins, Robinson & Keiser, Cincinnati, Ohio (Watts T. Estabrook, Washington, D. C., of counsel), for appellant.

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

Before O'CONNELL, JOHNSON, WORLEY, COLE, and JACKSON (retired), Judges.

O'CONNELL, Judge.

This appeal involves two claims numbered 35 and 36 in appellant's application for a patent on an elastomeric strip for vertical pavement joints and pertains more particularly to such a strip having sealed air pockets therein. Claim 36 is illustrative:

"36. A concrete construction comprising spaced-apart concrete slabs having inserted in the space therebetween a non-sectional strip of resilient elastomeric material, said strip consisting...

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