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IN RE CARLSON

Patent Appeal No. 2561.

44 F.2d 427 (1930)

In re CARLSON.

Court of Customs and Patent Appeals.

December 1, 1930.

Attorney(s) appearing for the Case

N. S. Amstutz, of Valparaiso, Ind., for appellant.

T. A. Hostetler, of Washington, D. C. (Howard S. Miller, of Washington, D. C., of counsel), for Commissioner of Patents.

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

GARRETT, Associate Judge.

Appellant seeks patent for a design for a toy airplane. The application was rejected by both the examiner and the Board of Appeals on the ground that the claimed design shows nothing patentable over prior art as illustrated in patent to Keely, design No. 59898, of December 6, 1921. Appeal was taken from the board's decision to this court.

Both designs show wheeled toys constructed somewhat in airplane form. The Keely design follows...

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