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APPLICATION OF MILLS

Patent Appeal No. 8796.

470 F.2d 649 (1972)

Application of Charles L. MILLS and David A. Palmer.

United States Court of Customs and Patent Appeals.

December 29, 1972.

Attorney(s) appearing for the Case

Marion C. Staves, Wilmington, Del., attorney of record, for appellants.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents; Fred E. McKelvey, Washington, D. C., Robert D. Edmonds, Oakton, Va., of counsel.

Before MARKEY, Chief Judge, and RICH, ALMOND, BALDWIN, and LANE, Judges.

LANE, Judge.

This appeal is from the decision of the Board of Appeals sustaining the examiner's rejection of claims 1-4 of appellants' application1 entitled "Polypropylene-Elastomer Foams" as unpatentable under 35 U.S.C. § 103. As the board explained in a decision on reconsideration, while the examiner relied upon four patents in support of his rejection, two of them, Cooper

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