IN RE BURT

No. 2028.

24 F.2d 273 (1928)

In re BURT et al.

Court of Appeals of District of Columbia.

Decided February 6, 1928.


Attorney(s) appearing for the Case

H. S. Hill and J. F. Robb, both of Cleveland, Ohio, and H. C. Robb, of Washington, D. C., for appellants.

T. A. Hostetler, of Washington, D. C., for Commissioner of Patents.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.


ROBB, Associate Justice.

Appeal from a decision of the Patent Office refusing the claims of the application.

The invention relates to a frozen confection on a stick. Claims 1, 3, and 6 are sufficiently illustrative, and are here reproduced:

"1. A frozen confectionery product, including a frozen body portion formed of an edible substance, which is fluid at normal temperatures and congeals by refrigeration, and a stick member partially embedded in the...

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