Application of Rishoi

JACKSON, Judge.

On May 13, 1943, appellants filed a patent application for “Surface for devices-for handling butter and like materials,”' serial No. 486,816. Five claims were allowed and claims 3, 6, and 10 were finally-rejected by the Primary Examiner.

Counsel for appellants, during the oral argument, moved to dismiss the appeal as to claim 6, which motion will be granted. Therefore, claims 3 and 10 are the only-claims before us. They read as follows: “3. A device fojr handling fatty material, at least a portion of which fatty material is crystallized, comprising a metal base having a…