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31 C.C.P.A. 705

In re Donaldson

Court of Customs and Patent Appeals · decided 1943-06-01

Decided 1943-06-01

Lenroot, Judge,

¶1delivered the opinion of the court:

¶2This is an appeal from a decision of the Board of Appeals of the United States Patent Office offirming a decision of the Primary Exam*706iner rejecting all of the claims of appellant’s application upon the ground of prima facie use and sale of the involved device for more than one year prior to the date of liis application.

¶3The sole question presented here is that presented and concurrently decided by us in the companion case of In re Donaldson, Appeal No. 4763, 31 C. C. P. A. (Patents) 701.

¶4Our decision in that case is controlling here, and for the reasons therein stated the decision of the Board of Appeals is affirmed.

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