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IN RE KOEHRING

Patent Appeal No. 2167.

37 F.2d 421 (1930)

In re KOEHRING.

Court of Customs and Patent Appeals.

January 27, 1930.

Attorney(s) appearing for the Case

John F. Robb and Harry C. Robb, both of Washington, D. C., for appellant.

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

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

BLAND, Judge.

This appeal from the decision of the Commissioner of Patents, refusing a patent for a design for a concrete mixer truck body and frame, presents as its main issue the very interesting, and oftimes troublesome, question as to what articles of manufacture may constitute the subject-matter of design patents.

The Commissioner, largely upon the authority of Ex parte Steck, 1902 C. D. 9, 98 O. G. 228, held that a machine with movable parts is not an...

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