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APPLICATION OF NEHRENBERG

Patent Appeal No. 6568.

280 F.2d 161 (1960)

Application of Alvin E. NEHRENBERG.

United States Court of Customs and Patent Appeals.

July 6, 1960.

Attorney(s) appearing for the Case

Morris Fidelman, Washington, D. C. (John R. Pegan, Huntington, of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (Joseph Schimmel, Washington, D. C., of counsel), for Comr. of Patents.

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

SMITH, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the rejection by the primary examiner of claims 1, 2 and 3 of appellant's application No. 416,295 for a patent on a ferritic stainless steel. Claim 1, which is representative of the appealed claims, is as follows:

"A stainless and heat resistant steel of substantially homogeneous and ferritic structure consisting essentially of: 19 to 30...

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