In re Freeman

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary Examiner rejecting claims 43 and 44 in appellants’ application for a patent for an alleged invention relating to a method of shaping shoe uppers which have become distorted due to various operations in the manufacture of the shoes.

At the time of the oral argument in this court, counsel for appellants moved to dismiss the appeal as to claim 43. The motion is granted.

Claim 44 reads:

44. The method which comprises supporting a shoe upper on a resistance member in…