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APPLICATION OF DILL

Appeal No. 79-518.

604 F.2d 1356 (1979)

In the Matter of the Application of Herbert C. DILL and Stanley R. Scales.

United States Court of Customs and Patent Appeals.

August 9, 1979.

Attorney(s) appearing for the Case

Robert A. Felsman, Fort Worth, Tex., atty. of record, for appellants; Dennison, Dennison, Mesorole & Pollack, Arlington, Va., of counsel.

Joseph F. Nakamura, Washington, D. C., for the Commissioner of Patents; Fred W. Sherling, Associate Solicitor, Washington, D. C., of counsel.

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

RICH, Judge.

This appeal is from the decision of the Patent and Trademark Office (PTO) Board of Appeals (board), affirming the rejection of claims 1-7 and 9-15 in application serial No. 657,990, filed February 13, 1976, entitled "Earth Boring Tool With Improved Inserts." The board affirmed the examiner's rejections under both 35 U.S.C. § 103 and 35 U.S.C. § 112. Claims 8 and 16 stand allowed. We affirm the rejection on § 103.

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