Application of Horneman

JOHNSON, Judge.

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 finally rejecting claims 1, 3, 4, 10, 12, 13, and 24 to 34 inclusive of appellants’ application, serial No. 741,088, for a patent on a butter product. No claims were allowed.

In their brief, appellants withdrew the appeal as to claims 1, 3, 4, 30 and 34. Such withdrawal is treated as a motion to dismiss these claims and the motion is allowed. In re Jannell, 120 F.2d 1012, 28 C.C.P.A., Patents, 1262. This leaves for our consideration…