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IN RE RUTLEDGE.

Patent Appeal No. 2630.

47 F.2d 797 (1931)

In re RUTLEDGE

Court of Customs and Patent Appeals.

March 25, 1931.

Attorney(s) appearing for the Case

Paul, Paul & Moore, of Washington, D. C. (J. T. Newton, of Washington, D. C., of counsel), for appellant.

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

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

GARRETT, Associate Judge.

Appellant applied for a patent for a design for stockings. The application was denied by the Examiner upon three grounds: First, that the design, or shape, of the stocking was believed to have a mechanical function as its chief purpose, viz., to make the ankle seem slender; second, it was thought that the stockings when on display on the counter are folded in such a manner as that the ordinary observer...

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