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APPLICATION OF SHELBY

Patent Appeal No. 6888.

311 F.2d 807 (1963)

Application of Wallace A. SHELBY, Jr.

United States Court of Customs and Patent Appeals.

January 16, 1963.

Attorney(s) appearing for the Case

Harry B. Keck, Pittsburgh, Pa., H. H. Robertson Company, Ambridge, Pa., for appellant.

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

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH, and ALMOND, Judges.

SMITH, Judge.

Appellant has appealed from the decision of the Board of Appeals of the Patent Office, affirming the primary examiner's rejection of claims 1, 4, 6 and 8 of the appellant's patent application1 entitled "Cellular Floor Construction", as "unpatentable over" certain prior art. In his brief appellant has waived appeal with respect to appealed claims 4, 6 and 8. Therefore, only claim 1 remains to be considered in this appeal....

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