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IN RE ABERNATHY

Patent Appeal No. 4447.

118 F.2d 358 (1941)

In re ABERNATHY.

Court of Customs and Patent Appeals.

March 31, 1941.

Attorney(s) appearing for the Case

Harold I. Popp, of Buffalo, N. Y., and Joseph W. Milburn, of Washington, D. C., for appellant.

W. W. Cochran, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges.

GARRETT, Presiding Judge.

There are involved here four claims numbered, respectively, 15, 18, 21, and 23 relating to a method of road paving, particularly, the application states, "to a method of laying stone and asphalt mixes upon roadways * * *."

It appears that appellant, on February 22, 1938, received a patent, No. 2,109,020, for a road paver, issued upon an application, serial No. 744,933, filed September 21, 1934, and the instant application, which was...

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