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IN RE EIFEL

Patent Appeal No. 2246.

35 F.2d 70 (1929)

In re EIFEL.

Court of Customs and Patent Appeals.

October 4, 1929.

Attorney(s) appearing for the Case

Paul Carpenter and Ralph B. Stewart, both of Washington, D. C., for appellant.

T. A. Hostetler, of Washington, D. C., for appellee.

Before GRAHAM, Presiding Judge, and BLAND, HATFIELD, GARRETT, and LENROOT, Associate Judges.

BLAND, Associate Judge.

Joseph Eifel appealed from the decision of the Commissioner of Patents, refusing to issue a patent to him for what he termed "certain new and useful improvements in design for wrenches."

The Commissioner's denial of the application was based chiefly on the following grounds, mentioned in the decision:

"The appellant's wrench may be distinctive as to appearance in minor details, but such distinctiveness has reference to structural...

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