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APPLICATION OF RUSKIN

Patent Appeal No. 6485.

274 F.2d 955 (1960)

Application of Simon L. RUSKIN, Deceased, Union Carbide Corporation, Assignee.

United States Court of Customs and Patent Appeals.

February 18, 1960.

Attorney(s) appearing for the Case

Jackson B. Browning, New York City, Paul A. Rose, Washington, D. C. (Frank E. Robbins, Rochester, N. Y., of counsel), for appellant.

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

Before WORLEY, Chief Judge, and RICH, MARTIN, and SMITH, Associate Judges, and Judge WILLIAM H. KIRKPATRICK.

MARTIN, Judge.

This appeal is from a decision of the Patent Office Board of Appeals affirming the final rejection of claims 1, 4, 7, 11 and 12 in application Serial No. 484,079, filed January 25, 1955, entitled "Antibiotic Compounds." Claims 2, 3, 5, 6, 8 and 9 have been held to be withdrawn from consideration under Rule 142(b), 35 U.S.C.Appendix, as not readable on the elected species, erythromycin. The application is stated...

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