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APPLICATION OF RICE

Patent Appeal No. 7253.

341 F.2d 309 (1965)

Application of Frank A. RICE and Elias W. Wilson.

United States Court of Customs and Patent Appeals.

February 18, 1965.

Attorney(s) appearing for the Case

William T. Sevald, Royal Oak, Mich., for appellant.

Clarence W. Moore, Washington, D. C. (Jere W. Sears, Washington, D. C., of counsel), for Commissioner of Patents.

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

MARTIN, Judge.

The question the court must answer in this appeal is whether appellants' novel air cleaner, as represented by claims 1, 2 and 3 of their application serial No. 816,556 entitled "Air Cleaner" filed on May 28, 1959, is an obvious variation of the devices of the prior art. No claims stand allowed in the application, which is stated to be a continuation-in-part of application serial No. 698,474 filed November 25, 1957 for an "air cleaner device."

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