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APPLICATION OF HARPER

Patent Appeal No. 6380.

261 F.2d 247 (1958)

APPLICATION OF Toby B. HARPER.

United States Court of Customs and Patent Appeals.

December 1, 1958.

Attorney(s) appearing for the Case

Hill, Sherman, Meroni, Gross & Simpson, Chicago, Ill. (Carlton Hill and Van Metre Lund, Chicago, Ill., of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (D. Kreider, Washington, D. C., of counsel), for the Commissioner of Patents.

Before O'CONNELL, Acting C. J., and WORLEY, RICH, and MARTIN, JJ.

WORLEY, 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 in finally rejecting claims 4 and 5, the only remaining claims of appellant's application for a patent on an automatic dimming device for automobile headlights.

The claims read:

"4. In an automatic dimmer assembly for an automobile including a battery, headlights and a radio having a power supply...

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