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APPLICATION OF LYONS

Patent Appeal No. 7609.

364 F.2d 1005 (1966)

Application of Sanford C. LYONS.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 6, 1966.

Attorney(s) appearing for the Case

Eugene F. Buell, Pittsburgh, Pa., for appellant.

Joseph Schimmel, Washington, D. C. (Jere W. Sears, 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.

MARTIN, Judge.

This is an appeal from a decision of the Board of Appeals affirming a double patenting rejection of claims 29-33, the only remaining claims in Lyons' application serial No. 764,395, filed September 30, 1958 for "Kaolin Product and Process for Making Same."

From the context of the rejection and decision it is clear that the double patenting rejection is of the obviousness type, being based on the claims of appellant's prior patent:

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