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APPLICATION OF HJERMSTAD

Patent Appeal No. 6814.

304 F.2d 685 (1962)

Application of Erling T. HJERMSTAD and Carl C. Kesler.

United States Court of Customs and Patent Appeals.

July 11, 1962.

Attorney(s) appearing for the Case

Dawson, Tilton, Fallon & Lungmus, Horace Dawson and Timothy L. Tilton, Chicago, Ill., for appellants.

Clarence W. Moore, Washington, D. C. (Jack E. Armore, Washington, D. C., of counsel), for Commissioner of Patents.

Before WORLEY, Chief Judge, RICH 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 1, 3, 7 and 8 in appellants' application1 for "Starch Ether Derivatives," as unpatentable over

Kreimeier et al. 2,116,867 May 10, 1938. Four claims directed to the method of making the derivatives were allowed by the examiner.

Claim 1 is representative and reads:

"1. A partially...

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