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IN RE FLANAGAN

Patent Appeal No. 3499.

77 F.2d 499 (1935)

In re FLANAGAN.

Court of Customs and Patent Appeals.

June 3, 1935.

Attorney(s) appearing for the Case

Roy W. Johns, of Chicago, Ill., 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.

Flanagan designed a can to be used as a food container, and made application for design patent in the United States Patent Office; the claim of his application being "The ornamental design for a food container, as shown and described."

The Examiner rejected the application, denying patentability in view of prior art cited. The Board of Appeals affirmed the Examiner's decision, and by appeal we are here called upon to review the Board...

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