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APPLICATION OF FISCHER

Patent Appeal No. 8971.

484 F.2d 961 (1973)

Application of Karl Heinz FISCHER.

United States Court of Customs and Patent Appeals.

September 20, 1973.

Attorney(s) appearing for the Case

Henry N. Paul, Jr., Philadelphia, Pa. (Paul & Paul, Philadelphia, Pa.) attorney of record, for appellant; John F. McNulty, Philadelphia, Pa., of counsel.

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

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

LANE, Judge.

This appeal is from the decision of the Patent Office Board of Appeals sustaining the rejection of claims 1-5 of appellant's application Serial No. 674,617 filed October 11, 1967, entitled "Calcining of Carbon Substances and Carbonaceous Rocks in a Tunnel Kiln." The claims were rejected under 35 U.S. C. § 103 as unpatentable over Angevine, U. S. Patent No. 3,009,863 issued November 21, 1961. We reverse the board's decision.

Both the claimed...

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