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APPLICATION OF SWIDZINSKI

Patent Appeal No. 8411.

435 F.2d 599 (1971)

Application of Edward SWIDZINSKI

United States Court of Customs and Patent Appeals.

January 7, 1971.

Attorney(s) appearing for the Case

Richard M. Howell, Cleveland, Ohio, Munson H. Lane, Washington, D. C., attorneys of record, for appellant. McCoy, Greene & Howell, Cleveland, Ohio, of counsel.

S. Wm. Cochran, Washington, D. C., for the Commissioner of Patents. Jere W. Sears, Washington, D. C., of counsel.

Before RICH, ALMOND, BALDWIN and LANE, Judges, and NEWMAN, Judge, United States Customs Court, sitting by designation.

NEWMAN, Judge.

This appeal is from the decision of the Patent Office Board of Appeals affirming the examiner's rejection of claims 4-8 and 12-151 under 35 U.S.C. § 103 as obvious in view of certain prior art.

The invention relates to a three-component food product, perhaps best described as a "stuffed" hot dog coated with a batter crust. The stuffing comprises such comestibles as cheese, sauerkraut, peanut butter, or other...

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