In re Wheeler

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the decision of the Primary *1242Examiner rejecting claims 1, 3, 5, 6, 7, and 8 in appellent’s application for a patent for an alleged invention relating to automatic filler feeds for cigar machines of “the type in which a layer of filler tobacco is automatically fed into a charge forming device.”

Claim 1 is sufficiently illustrative of appealed claims 1, 3, and 5. It reads:. (1) .In an automatic filler feed for cigar machines, the combination with a continuously rotating driving member, of a…