Court of Customs and Patent Appeals December 29, 1941, No. 4410 (In re Helmond)

Jackson, Judge,

delivered the opinion of the court:

This appeal is before us for the second time by reason of a petition, for rehearing filed April 21, 1941, which was granted June 26, 1941. Our former decision, although it appears in 28 C. C. P. A. (Patents) 1013, 118 F. (2d) 574 and 49 U. S. P. Q. 71, did not become final,, because set aside by the granting of the petition for rehearing.