In re Repogle

The applicant, Daniel B. Eeplogle, copied into his application for patent, as claim 67, claim 2 of the patent to Kern, 1,816,538, dated July 28, 1931, for the purpose of interference. The Primary Examiner of the United States Patent Office rejected said claim 67 on the ground that it did not read on the applicant’s device. The de-' cisión of the examiner was affirmed by the Board of Appeals of said office, and from the decision of the board the applicant has appealed to this court.

Said claim 67 reads as follows:

67. A machine of the character described, including a nozzle formed to provide end…