Application of Prutton

JOHNSON, Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the action of the Primary Examiner rejecting claims 1 to 3, 5 to 14 and 21 to 24 of appellant’s application, serial No. 2,321, for a patent on a “Lubricating Composition.” No claims were allowed.

In his brief appellant withdrew the appeal as to claims 3, 6, 7, 9, 13 and 24, which are directed to a non-elected species. Such withdrawal is treated as a motion to dismiss these claims and the motion is allowed. In re Horneman, 194 F.2d 108, 39 C.C.P.A., Patents, 809. This leaves…