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APPLICATION OF MALECKI

Patent Appeal No. 6729.

296 F.2d 482 (1961)

Application of George J. MALECKI.

United States Court of Customs and Patent Appeals.

Rehearing Granted March 9, 1962.

Attorney(s) appearing for the Case

Pennie, Edmonds, Morton, Barrows & Taylor, New York City, Clarence M. Fisher, Washington, D. C. (W. B. Morton, New York City, of counsel), for appellant.

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

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

WORLEY, Chief Judge.

This is an appeal from the decision of the Board of Appeals affirming the Primary Examiner's rejection of claims 16 to 21, inclusive, as indefinite and functional at the point of novelty, and all the claims, 16 to 25, inclusive, as unpatentable over certain prior art.

Claims 16 and 22 are illustrative and read:

"16. The method of preserving edible plant products which consists in treating the product to remove from a portion of...

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