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IN RE MURCH

Patent Appeal No. 8743.

464 F.2d 1051 (1972)

Application of Lee Ellis MURCH.

United States Court of Customs and Patent Appeals.

Rehearing Denied October 19, 1972.

Attorney(s) appearing for the Case

Edwin Tocker, Wilmington, Del., attorney of record for appellant; Gerald A. Hapka, Washington, D. C., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents; Raymond E. Martin, Washington, D. C., of counsel.

Before RICH, Acting Chief Judge, ALMOND, BALDWIN and LANE, Judges, and CLARK, Justice (Ret.), United States Supreme Court, sitting by designation.

LANE, Judge.

This is an appeal from the decision of the Board of Appeals affirming the 35 U.S.C. § 103 rejection of claims 1 through 8 and 10 of appellant's application for "Blends of Polyamides and Ionic Copolymer."1 We affirm with respect to claims 1 through 8, but reverse with respect to claim 10.

Claim 1 is the broadest of the appealed claims and reads as follows:

1. A thermoplastic blend consisting essentially...

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