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APPLICATION OF HOWARD

Patent Appeal No. 7953.

394 F.2d 869 (1968)

Application of Joseph D. HOWARD and William M. Brobeck.

United States Court of Customs and Patent Appeals.

May 16, 1968.

Attorney(s) appearing for the Case

Samuel B. Smith, Kane, Dalsimer, Kane, Sullivan & Smith, New York City, (J. Harold Kilcoyne, Washington, D. C., Alvin E. Hendricson, San Francisco, Cal., of counsel) for appellants.

Joseph Schimmel, Washington, D. C., (Joseph F. Nakamura, Washington, D. C., of counsel) for the Commissioner of Patents.

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

ALMOND, Judge.

This is an appeal from the decision of the Board of Appeals, adhered to on reconsideration, affirming the action of the examiner in rejecting claims 2 and 3 of an application1 for a method for handling materials. The grounds upon which the rejections were predicated are that the claims fail to define patentable subject matter under 35 U.S.C. §§ 100 and 101 since they are drawn to a method of doing business, and...

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