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APPLICATION OF ALLEN

Patent Appeal No. 7351.

343 F.2d 482 (1965)

Application of Homer E. ALLEN, Deceased, by Helen M. Allen, Executrix.

United States Court of Customs and Patent Appeals.

Rehearing Denied June 17, 1965.

Attorney(s) appearing for the Case

Arnold G. Gulko, Washington, D. C., for appellant.

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

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

RICH, Judge.

This appeal is from a split decision of the Board of Appeals affirming a rejection of all claims, 1-4, of application serial No. 36,094, filed June 14, 1960, for "Waler Brackets." The application is stated to be a "continuation" of a copending application, serial No. 715,772, filed February 17, 1958, "filed in the name of the common inventor, now deceased, and full ownership is vested in the same corporation...

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