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APPLICATION OF HERBERT

Patent Appeal No. 8664.

461 F.2d 1390 (1972)

Application of William John HERBERT.

United States Court of Customs and Patent Appeals.

June 29, 1972.

Attorney(s) appearing for the Case

Jacobs & Jacobs, New York City, attorneys of record, for appellant; Albert L. Jacobs, Jr., New York City, of counsel.

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

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

RICH, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the rejection of claims 11-13 and 15-241 in appellant's application serial No. 667,611, filed September 13, 1967, which appellant contends is entitled, under 35 U.S.C. § 120, to the benefit of the October 19, 1964, filing date of his application serial No. 404,972 of which this is said to be a continuation, and, under 35 U.S.C. § 119...

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