In re Wagenhorst

GRAHAM, Presiding Judge.

The appellant filed his application in the United States Patent Office on April 2,1927, for a patent on improvements in automobile wheels. This application was stated to be a division of appellant’s pending application, serial No. 41,835, filed July 6,1925. Appellant claims the latter date as his effective filing date as regards this divisional application.

In the letter of the Examiner of May 23, 1928, Putnam, No. 1,612,050, of December 28, 1926, was cited as a reference. Thereafter appellant filed an affidavit under rule 75 of the Patent Office, which affidavit was…