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IN RE BERKMAN

Appeal No. 80-598.

642 F.2d 427 (1981)

In re Joseph L. BERKMAN.

United States Court of Customs and Patent Appeals.

Rehearing Denied April 9, 1981.

Attorney(s) appearing for the Case

James E. Siegel, Henry A. Marzullo, Jr., Myron Greenspan, Scarsdale, N. Y., for appellant.

Joseph F. Nakamura, Sol., Washington, D.C., for Patent & Trademark Office; Gerald H. Bjorge, Washington, D.C., of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER, and NIES Judges.

MARKEY, Chief Judge.

Berkman appeals the Patent and Trademark Office Board of Appeals (board) decision affirming the rejection of claims 21-31 under 35 U.S.C. § 102(b). We affirm.

BACKGROUND

On February 15, 1974, Berkman filed two design patent applications claiming designs for a carrying and storage case for tape cartridges and cassettes. Design patents 249,743 and 249,823 were issued on those applications on September 26 and October...

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