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APPLICATION OF McCABE

Patent Appeal No. 6649.

287 F.2d 921 (1961)

Application of Alexander C. McCABE.

United States Court of Customs and Patent Appeals.

March 15, 1961.

Attorney(s) appearing for the Case

Carl Hoppe, San Francisco, Cal. (James F. Mitchell, San Francisco, Cal., of counsel), for appellant.

Clarence W. Moore, Washington, D. C. (George C. Roeming, Washington, D. C., of counsel), for Comr. of Patents.

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

MARTIN, 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 12 and 13 of appellant's application for a patent on machines for heating glass tubing. Certain claims have been held by the examiner to be withdrawn from consideration under the provisions of Rule 142(b), 35 U.S.C.A.Appendix, and are not before us. No claims have been allowed.

The appealed...

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