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IN RE MERRITT

Patent Appeal No. 2142.

35 F.2d 783 (1929)

In re MERRITT.

Court of Customs and Patent Appeals.

December 2, 1929.

Attorney(s) appearing for the Case

Edward H. Merritt, of New York City, and James Atkins, 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.

GRAHAM, Presiding Judge.

Edward H. Merritt, the appellant, filed an application for a design patent August 21, 1925. The application was rejected by the Acting Examiner of Designs July 7, 1926. This decision was sustained by the Board of Examiners in Chief March 27, 1927, and by the Commissioner of Patents on August 29, 1927. This appeal follows.

The design upon which the appellant seeks a patent is for a flag. This flag is said to be the official flag of...

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