In Re Hawkins

LENROOT, Associate Judge.

This is an appeal from a decision of the Board of Appeals of the United States Patent Office, affirming a decision of the Primary Examiner, requiring a division as between allowed claims 10, 11, and 12, and claims 13 and 14 of appellant’s application, filed May 2, 1028. Said claims 13 and 14 were not passed upon as to their merits by either of the Patent Office tribunals, but the requirement for division was technically a final rejection of such claims, and therefore we have jurisdiction to entertain this appeal. In re Rundell, 55 F.(2d) 450, 452, 19 C. C. P. A.-.

Claim…