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APPLICATION OF NELSON

Patent Appeal No. 8235.

420 F.2d 1079 (1970)

Application of Carl E. NELSON.

United States Court of Customs and Patent Appeals.

February 12, 1970.

Attorney(s) appearing for the Case

Raymond Underwood, attorney of record, Rahway, N. J., for appellant. I. L. Wolk, Rahway, N. J., Albert W. Rinehart, Washington, D. C., of counsel.

Joseph Schimmel, Washington, D. C., for the Commissioner of Patents. Fred W. Sherling, Jack E. Armore, Washington, D. C., of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges, and RAO, Chief Judge, United States Customs Court, sitting by designation.

LANE, Judge.

This appeal is from the decision of the Patent Office Board of Appeals which affirmed the rejection of claims 1, 3, 4 and 5, all the claims in appellant's patent application serial No. 401,994, filed October 6, 1964, for "Therapeutic Composition and Its Use." Applicant has been permitted to rely upon the date of a parent application serial No. 207,039, filed July 2, 1962, for a constructive reduction to practice as to the claims in issue.

We affirm...

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