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APPLICATION OF RUFF

Patent Appeal No. 6357.

256 F.2d 590 (1958)

Application of Edgar E. RUFF and Robert E. Dukeshire.

United States Court of Customs and Patent Appeals.

June 24, 1958.

Attorney(s) appearing for the Case

Brumbaugh, Free, Graves & Donohue, New York City (Eben M. Graves and John R. Janes, New York City, of counsel), for appellants.

Clarence W. Moore, Washington, D. C. (J. Schimmel, Washington, D. C., of counsel), for Commissioner of Patents.

C. Willard Hayes, Washington, D. C., William J. Barnes, New York City, Neal A. Waldrop, Detroit, Mich., Leland L. Chapman, Cleveland, Ohio (Paul L. Tillson, Pittsburgh, Pa., John D. Upham and Frederick C. Wellington, Dayton, Ohio, of counsel), for American Patent Law Ass'n, amicus curiae.

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

RICH, Judge.

The appellants, Edgar E. Ruff and Robert E. Dukeshire, filed an application on July 8, 1950, entitled "Polyphosphate Composition Containing Tarnish Inhibitor," serial No. 172,776. On this appeal it contains claims 20 through 35. Claims 21, 22, 25-28, 31 and 34 stood withdrawn from consideration under Patent Office Rule 142(b), 35 U.S.C. Appendix, and as to them the board dismissed the appeal, affirming the rejection of the others as "lacking invention...

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