In re Wharton

O’Connell, Judge,

delivered "the opinion of the court:

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 in rejecting eight claims in appellant’s application for a patent for “certain new and useful improvements in a Machine for Finishing the Handles of Shovels.”

The references are—

Kennan, 286,107, October 16, 1883.

Delbauve et al., 1,193,673, August 8,1916.

*1199The examiner allowed claims 1, 3, 8, and 17 but rejected claims 2, 4, 5, 6,7,11,12,14,15, and 16 as unpatentable over the patent to Kennan. Claims 4, 5,…