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APPLICATION OF LOEHR

Patent Appeal No. 9212.

500 F.2d 1390 (1974)

Application of Clifford E. LOEHR.

United States Court of Customs and Patent Appeals.

August 29, 1974.

Attorney(s) appearing for the Case

George D. Morris, Pittsburgh, Pa., attorney of record for appellant; Russell A. Eberly, Mark Levin, Irwin M. Stein, Pittsburgh, Pa., George R. Jones, Jones & Lockwood, H. Walter Haeussler, Arlington, Va., of counsel.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents; Gerald H. Bjorge, Washington, D. C., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE, and MILLER, Judges.

LANE, Judge.

This appeal is from the decision of the Patent Office Board of Appeals rejecting claims 2, 4, 5, 8, 10 and 11 in appellant's application1 on a new ground pursuant to Patent Office Rule 196(b), 37 CFR 1.196(b). Claim 12 stands allowed. The main issue in this appeal is whether the Board of Appeals has statutory administrative jurisdiction to reject appealed claims on new grounds. We affirm on this issue.

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