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APPLICATION OF FIELDER

Patent Appeal No. 8788.

471 F.2d 640 (1973)

Application of James C. FIELDER and Hubert H. Underwood.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 5, 1973.

Attorney(s) appearing for the Case

Edward D. O'Brian, Anaheim, Cal., attorney of record, for appellants. J. Harold Kilcoyne, Washington, D. C., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents.' R. V. Lupo, Washington, D. C., 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 the sole remaining claim in appellants' application1 for "Tabulating Type Ballot Construction" as unpatentable under 35 U.S.C. § 103. We affirm.

The Subject Matter

Appellants claim a voting ballot of defined structure. The ballot is constructed to allow a voter...

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