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APPLICATION OF MULLIN

Patent Appeal No. 8905.

481 F.2d 1333 (1973)

Application of George Cruise MULLIN et al.

United States Court of Customs and Patent Appeals.

August 16, 1973.

Attorney(s) appearing for the Case

Charles M. Hogan, Cincinnati, Ohio, Abraham Ogman, Peabody, Mass., attorneys of record, for appellants. Morris Fidelman, Fidelman, Wolffe, Leitner & Hiney, Washington, D. C., of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. John W. Dewhirst, Washington, D. C., of counsel.

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

ALMOND, Senior Judge.

This is an appeal from the decision of the Patent Office Board of Appeals sustaining the examiner's rejection of claims 1-5 and 12 of appellants' application1 for "Abrasive Article And Method For Its Production." Claims 1-5 were rejected under 35 U.S.C. § 102. Claim 12 was rejected under 35 U.S.C. § 103. We affirm the rejection of claims 1-4 and reverse as to claims 5 and 12.

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